Hereditary disputes are a common phenomenon at court sessions. But challenging a will is a rare procedure. There are statistics according to which one out of five such cases completes a positive verdict. This means that the claims are satisfied, the will is declared invalid.
What are the reasons for challenging the will? There are 4 most compelling reasons for this: Doubtful legal capacity. This explanation of filing a claim is quite common. Moreover, there are situations when the inheriting party resorts to the help of the court for proceedings with strangers, and also starts a lawsuit with relatives. In the second case, the outcome of the case is questionable, since weighty arguments will be required in court. A post-mortem examination may be appointed to make the right decision.
Also, plaintiffs often invite witnesses who can confirm the testator's poor health or his strange behavior.
No signature. If it is not there, then the will can be considered invalid. But sometimes a facsimile is used instead. Such stamps (they have a person's name on them) help out people who cannot sign due to health problems.
But there are strict requirements for the use of facsimiles.
The main condition that will allow it to be recognized as valid is the presence of a handshaker. This person is the person confirming that the procedure has actually been performed. There must also be a notary.
The document is incorrectly drawn up or issued. Frequent violation – there is no date and place used for certification. Also, a serious problem that goes against the basic legal principles is the process of drawing up a document in the personal presence of the main inheritor. According to the rules, it should not be. But in the future, if the testator-compiler wants it, a copy is given to him for storage. Even in court, they are suspicious of situations when a seriously ill person makes a will in the last days of his life, and at the same time writes it by hand.
Many diseases do not allow you to cope with this task.
The will was not made by his own will. In court, it can be declared invalid if the testator was subjected to threats, violence, or tried to get a document from him through manipulation or fraudulently. But it is quite difficult to prove the fact that the will was drawn up under pressure. Therefore, it often remains in force.