Who can challenge a testament to an apartment and how to do it?

A will is a special document according to which the ownership of a living space or other object passes from the owner to another person, with observance or emergence of certain facts or conditions. With the help of this document, the right to inherit property can be transferred not only to relatives, but also to completely extraneous people, since this depends only on the will of the testator. Important information for those who can challenge the testament to the apartment, because it is difficult to do, but for this there are several possibilities.

Testament, drawn up in accordance with the Civil Code

Chapter 61 of the Civil Code states that inheritance of property is carried out in two main branches: according to the law and according to the will. If this happens by law, then only those people who belong to deceased relatives can start owning property. According to the will, any person can receive the property, as this is just a document that reflects the will of the person. You can write a will in any form, so you need to know if it is possible to challenge a will if you find fault with the form or order of its drafting.

Typically, the writing and certification of the text occurs in the office of a notary, but in some cases you can do without this official. To put your own signature on the document may be another official, replacing the notary. This may be the head doctor of the hospital, as well as the head of the department, if the last days a person lives under the supervision of doctors in a medical institution. If relatives suspect or are sure that the will is not compiled by law, they are entitled to challenge it.

The order of contesting a will for an apartment

The law provides a probability who can challenge the will to the apartment. This is possible if it is found to be invalid, that is, null and void. Article 1131 of the Civil Code of the Russian Federation indicates that this is possible only after the claim from the applicant is considered, which considers that his rights are infringed. The hearing takes place in the courtroom. With this procedure, you can strip this document of legal force, but there are no other ways to solve the problem.

To the court decided on the possibility of challenging the will, you need to give weighty arguments and submit facts that confirm the illegal or violent execution of this document. It is necessary to tell and prove that the document is not a true expression of the will of the person who compiled it. Possible evidence is different, because it depends on the situation, therefore, in each case, you need to prove with your lawyer your own vision of what is happening. This will help to find out if the sister can challenge the will.

When is a will officially recognized as invalid?

In the legislation of the Russian Federation there is a list of situations in which the will will be considered invalid, it is impossible to deviate from these norms. Documents are invalid if compiled with one of the following factors:

1. Under the strong and strong pressure of the rest of the people, on whom this will was subsequently drawn up.
2. A person who can not be held accountable for their actions because of a severe physical illness or dementia that is caused by a particular illness, a particular condition or the effect of medications.
3. Under circumstances that forced a person to rewrite the property to a certain person, because he was under pressure, to which he had no opportunity to resist. This is the reason to challenge the will.

The contest of a will in the presence of errors in it

There are other cases in which there is a probability for someone who can challenge a will for an apartment. Sometimes the document is notarized, but it is not drawn up in the form that is regulated by normative acts of an individual character.

A testament loses its validity in the following circumstances:

1. Certified by a person who does not have legal rights to implement this event.
2. The will does not indicate the date of its compilation, nor is there a place in which it was written.
3. The document has a single copy, but it was immediately 2 persons.
4. Witnesses who attended the testament are listed incorrectly. This can be proved if there are legitimate reasons to believe or evidence that they did not have the opportunity to be at the testator at the time specified in the document.
5. The signature is delivered only by a notary, but the person has not signed. Even if the cause of this phenomenon are health problems, you should also know who can challenge the will to the apartment.
6. The will was not made secretly, therefore one of its main principles was not observed.

Drafting a testament by a person who is incompetent

There is a list of diseases in which people can legally be declared legally incompetent, but the fact of a specific pathology should be proven on a legal basis. Usually this status can be given to people who suffer from serious and practically incurable mental disorders, are crazy or the degree of dementia is so great that people can not control and comprehend their own actions.

Also those who are in a stage of strong alcoholic intoxication are recognized as incompetent. Can not sign wills of persons who have a significant form of cerebral palsy or any significant disorders in the body that limit mobility and reduce the role of the musculoskeletal system.

Usually this happens if a person is deprived of the possibility of free movement to the point where he can not put his own signature. It is believed that a person is incompetent when he can not fully answer for his own actions, that is, the one for which other people bear responsibility.

Registration of a will under the influence of pressure from third parties

The concept of a will provides for the completely free will of a person. To argue with this is very difficult, if there is no direct evidence of drafting a will under pressure. It does not mean only physical violence. Often there is a psychological impact. When rendering any pressure, it is considered that the will of the person himself can be changed, which means that he can not express his own desires with sufficient precision. In this case, a person may be forced to sign the document, because otherwise he may be exposed to threats, why his health will suffer or life will be threatened.

Threats from third parties when drafting a will

Usually refers to a situation where a person is threatened by a whole group of people. They require signing and appointing all the items that will be beneficial to them. A person can be afraid of threats and sign all the documents, although it will not be his will. Actions under the effect of fear are recognized as violent, so when challenging a will, their presence is a weighty argument.

Will for necessity

Sometimes there are situations when the testator writes a testament to people because of a certain need. This happens when there are life circumstances in which you need to make quick decisions and get out of them with minimal losses to life and health.

There are cases when, due to old age, a person starts to get very sick. Relatives decide on hiring a nurse. These people can enter into the trust of a person and ask for something at their own will. Many old people do not refuse even in the case when a will is made for an apartment.

People do not expect that a nurse has the opportunity to claim living space, but old people appreciate them so much that they can give their own living space out of gratitude. It is necessary to know whether a grandson can challenge a will.

Testament issued to the nurse

Usually this happens only for the purpose of registering a will for an apartment. Often the client's condition worsens. In this case, the nurse can declare that she will continue to work only if the real estate is written off to her name. Usually in this case, heirs will learn about the will only after the death of a sick person. Based on the fact that the nurse received a fixed salary, they can go to court with the hope of a positive outcome of the case.

During the court session, the parties decide whether the will was signed out of hopelessness. That is, if such conditions were created under which the testator did not have the opportunity to refuse to sign this document. This transaction can easily be considered illegal. In this case, the will is canceled. This is the answer to the question: "Can I challenge the will?"

Testament without date and place of drawing up

In order for the document to be considered eligible, the date of writing is necessarily included in it. In certain magazines, it passes under the appointed date, so it is mandatory. The day of compilation of the document and the date of its registration in the journal must necessarily be the same. This is a fundamental point, when checking which you can determine whether relatives can challenge the will.

There are several reasons why the date in the document is not specified:

1. Accidental non-introduction of the date due to the fact that during its design people forgot about this important detail.
2. The will is a forgery.

If there is one of these positions, you can apply to the court to challenge the will. In order to determine precisely whether the testator was available, it is necessary to specify the date of the document compilation. If it is unknown to people, it is impossible to guarantee the validity of the document.

Similarly, information that tells about the place where the will was made is important. It is obligatory to specify the address of the premises where the testator was, when he signed the will. Is it possible to challenge a will if the address of a certain home and hospital was implemented, as well as an officially notarized office? The answer to this question can be obtained only in court when all complaints and documents are presented.

The attestation of the will was done incorrectly

If the document is incorrectly certified, then it is possible to challenge a will in court. When the procedure for its execution takes place, this document is certified by a notary by means of a signature. Sometimes there are situations in which reassurance is exercised by others. When a person is in a hospital, the head physician can do it. In order for the document to be valid, at least two witnesses must be involved.

A testament is the will of a person to be fulfilled after his death. Sometimes this will is distorted, so you need to know how to challenge a will on the house. When there is confidence in the possibility of successfully challenging the document, you need to go to court and state all the claims.