Who can challenge the will to the apartment and in what time frame?
When relatives are faced with the problem of sharing the inheritance, the question immediately arises who can challenge the will to the apartment. A person has the full and unquestioning right to dispose of his property as he sees fit, therefore he draws up a will, which begins to act after his death.
It is written on any person, even if he is not considered a blood or non-blood relative of the deceased. But there are options that the will is made incorrectly, in which case other heirs who are not part of it will be able to protest it..
What is the essence of the will?
It is worth remembering that the document is gaining momentum after its compiler dies. Even if he drew up the document in favor of the relatives, some of them are still interested in how to challenge the will to the apartment.
In fact, this is an important document setting forth the wishes of a citizen regarding his apartment or other property after his death.If a will is not drawn up, then all property and other values are divided by law among all relatives, most of the heirs will be able to receive the first in turn, if there are none, then the second in turn will be entitled to the property.
Who can exercise the right to challenge the will of the testator?
Particular attention is paid to the size of the property. For example, minor children must rely on 50% of the inheritance of an apartment under a will. Who can challenge this document? Yes, probably no one, because the interests of minor children are taken into account in the first place.
Not everyone can protest a document with a will, there is a certain list of persons in the law who can hope for an inheritance. It should be noted that it is possible to refute a declaration of will only through the court, therefore, it is necessary to immediately prepare for the fact that you will have to seek help from special authorities. Consider in more detail who can challenge the will:
- The first to have the right to the property of the deceased are his spouse or spouse, children, parents. But at the same time, it is obligatory to give part of the property to the parents of the testator, who cannot provide for themselves, or to minor children.
- If the above relatives are not available, then the right to property is transferred to other family members.
When can I cancel the document?
When the relatives decided to challenge the will to the apartment, the terms of the period for which this can be done are strictly determined by law. You can cancel a document in the following ways:
- In the first place, a will may be taken as invalid if the text is incorrect. In this case, it is necessary to prove that the document is incorrectly drawn up, to protest it and to make it invalidated. This can be done throughout the year.
- It is likely to recognize a will as insignificant, but it will take about three years to complete.
The time during which a document can be challenged begins to run out precisely from the moment when the heir revealed a violation of his rights. It is important to remember that all documents for challenging a will should be filed within six months after it is read.
What should be the grounds for challenging the inheritance?
Asking whether it is possible to challenge the will to an apartment, you should definitely pay attention to the grounds that can be used for protest.According to the law, the right to own an apartment can only be challenged in a court of law. The law recognizes only two types of invalid inheritance documents:
- You can challenge the will, if the court so decides.
- An insignificant document is annulled, even if the court has made the opposite decision.
To recognize the document as invalid, you need to gather convincing facts and materials. The grounds for revising the right to own an apartment under a will may be:
- Documents that indicate that the person who made the will was incapable.
- Certificates that show that the deceased was in a state of exacerbation of mental illness at the time of drawing up the document.
- There may also be evidence that a person signed the document when pressure was put on him, for example, the threat of reprisals against him and his family members.
It is important to remember that the court takes into account the fact that the will may be drawn up incorrectly if serious mistakes were made in the text itself. For example, it is unacceptable that a will be drawn up and certified by a person who does not have a legal education.Also, the signature must necessarily belong to the testator, and when drafting the document, a witness must be present, if he was not present, then the will is not valid.
How to refute the inheritance?
Asking how to challenge the will to the apartment after death, you must first carefully read the law. If the person concerned does not agree with the document, he must submit an application to the court in the city where the inheritance is located. Naturally, it would be wrong to appear in court with a simple statement, as it is still necessary to gather strong evidence that the claim is not groundless. For this you need to use the testimony of witnesses, and in some cases, and examination.
Now, when the person who can challenge the will to the apartment goes to court, with all the evidence, the matter remains for the small one - to pay the state duty for considering the application by the court. And then everything will be announced at the hearing.
What documents should be submitted in court?
To challenge the will to the apartment, you must submit certain documents:
- Be sure to make copies of the claims to all potential defendants.
- Receipt indicating that all state fees were paid.
- Documents identifying the applicant.
- It is important to submit all materials that will serve as evidence that the claimant’s claims are reasonable.
Anyone who can challenge a will to an apartment must familiarize himself with the algorithm of all the actions that must be carried out:
- Initially, it is necessary to identify the grounds that will help to recognize that the will is invalid.
- Identify all other relatives who may also qualify for an apartment.
- Once again, clarify all statute of limitations.
- After all the documents are prepared, it is required to file a lawsuit in court at the place of residence of the testator.
What heirs can be considered unworthy and how to cancel the document in this case?
Considering in detail who can challenge the will to the apartment, it is worth noting that there is a notion of “unworthy heirs” in the law. In spite of the fact whether a will is made or not, the property will be legally distributed among relatives.
Unworthy heirs may be citizens who commit unacceptable acts with a mercenary end.These may be parents of children who are heirs, but they may be deprived of parental rights, as well as persons who did not care for the testator.
How to prove that the deceased was insane?
Asking whether the heirs could dispute the will to the apartment, particular attention should be paid to how to prove correctly that the testator at the time of writing the document was insane. For this you can use the following evidence:
If a post-mortem psychiatric examination is done, then the medical card and the other documents of the testator are carefully studied, and all medical preparations that have been taken are taken into account. On this basis, it is concluded that responsibility.
Particular attention is paid to testimony. The witnesses may be people who lived near the deceased, including neighbors.
Medical certificates from the hospital where the testator was observed are attached.
Ideally, it is very good if all the evidence is submitted together with the application of the disputants in the aggregate, then the court can quickly decide on the situation.
Often, the heirs do not make out an apartment in the property, and when they decide to do it, it turns out that she has already passed into the possession of another person. This is how fraudsters can act who wish to obtain the right to real estate illegally.
In this case, it may even turn out that the deceased person illegally made a will for an apartment. Who can challenge? Relatives who are directly related to the testator. The family of the testator must prove that he acted under a negative impact, for example, it may be the use of alcohol or drugs.
The testator may make several documents for inheritance, but the one that has the latest date will be taken into account. It’s almost impossible to make predictions on which side the court will stand, since much depends on some nuances that are considered important.
What kind of decision will be made depends solely on the evidence that will be provided. Only on the basis of this can the court make the right conclusions.
To prove your right to inheritance, you do not need to panic and mess around in all instances.It is enough to submit the required package of documents to the courts within the time limits stipulated by law, proving that the will of the deceased relative was not true. If there is sufficient evidence, the judge will decide in favor of the claimant.