Testament - a special document according toto which ownership of a living space or other object passes from the owner to another person subject to the observance or occurrence 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 outsiders, since this depends only on the will of the testator. Information is important for those who can challenge the will to the apartment, as it is difficult to do, but there are several possibilities for this.
Глава 61 ГК РФ рассказывает о том, что property is inherited through two main branches: according to the law and according to the will. If this happens according to the law, then only those people who belong to the deceased relatives can begin to own the property. Under a will, any person can receive property, since it is just a document that reflects the will of the person. You can write a will in any form, so you need to know whether it is possible to challenge the will if you find fault with the form or the order of its preparation.
Typically, the writing and reassurance of the text occurs inoffice at the notary, but in some cases you can do without this official. Another official can put his own signature on the document, replacing a notary. This may be the chief doctor of the hospital, as well as the head of the department, if the person lives the last days under the supervision of doctors in a medical institution. If relatives are suspected or confident that the will is not made by law, they have the right to contest it.
The law provides the probability of who canchallenge the will to the apartment. This is possible if it is declared invalid, that is, insignificant. Article 1131 of the Civil Code of the Russian Federation indicates that this is possible only after a claim from the applicant, who considers that his rights are violated, will be considered. The hearing takes place in the courtroom. Using this procedure, you can invalidate this document, but there are no other ways to solve the problem.
For the court to decide on the possibilitychallenging the will, you need to bring strong arguments and present the facts that confirm the illegal or violent execution of this document. It is necessary to tell and prove that the document is not a real will of the person who compiled it. Possible evidence is different, because it depends on the situation, so in each case, you need to prove your own vision of what is happening with the help of a lawyer. This will help you know if your sister can challenge the will.
The legislation of the Russian Federation has a list of situations in whichwhich the will will be considered invalid, it is impossible to deviate from these norms. Documents are invalid if they are compiled with one of the following factors:
There are other cases in which there is a likelihood.the one who can challenge the will to the apartment. Sometimes a document is notarized, but not in the form that is governed by individual regulations.
A will expires under the following circumstances:
There is a list of diseases for which diseasespeople can legally admit incapacitated, but the fact of a particular pathology must be proven on a legal basis. Usually, this status can be given to people who suffer from serious and practically incurable mental disorders, are insane, or the degree of dementia is so great that people cannot control and comprehend their own actions.
Also recognized as incapacitated are those whoare in the stage of severe intoxication. Cannot be signed by persons who have a significant form of cerebral palsy or any significant disturbances in the body that limit mobility and reduce the role of the musculoskeletal system.
This usually happens if a persondeprived of the possibility of free movement to the state when he can not put his own signature. It is considered that a person is incapable when he cannot fully answer for his own actions, that is, the one for which other people are responsible.
The concept of a will provides for a completefree will of man. Argue with this is very difficult if there is no direct evidence of a will under pressure. It does not mean only physical abuse. Often there is a psychological impact. When exerting any pressure, it is considered that the will of the person himself can be changed, which means that he cannot express his own desires with sufficient accuracy. In this case, the person may be forced to sign the document, because otherwise he may be subjected to threats, causing his health to suffer or his life to be at risk.
This usually refers to situations whereman is threatened by a whole group of persons. They require the signing and appointment of all items that will be beneficial to them. A person may be afraid of threats and sign all documents, although it will not be his will. The actions under the effect of fear are recognized as violent, therefore, when challenging a will, their presence is a weighty argument.
Sometimes there are situations when the testatorwrites a will to people because of a certain need. This happens when life circumstances arise in which it is necessary to make a quick decision and get out of them with minimal loss to life and health.
There are cases when due to old age a personstarts to hurt a lot. Relatives decide to hire a carer. These individuals can gain confidence in a person and request something of their own accord. Many old people do not refuse even in the case when a will is made to the apartment.
People do not expect that the nurse hasthe opportunity to apply for living space, but old people appreciate them so much that they can write off their own living space out of a sense of gratitude. You need to know whether the grandson can challenge the will.
Обычно это происходит только с целью оформления testament to the apartment. Often the client’s condition worsens. In this case, the nurse may declare that she will continue to work only if she unsubscribes the property in her name. Usually in this case, the heirs learn about the will only after the death of the 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 trial, the parties decidewhether a testament is signed from a hopelessness. That is, whether conditions were created under which the testator was unable to refuse to sign this document. This transaction can easily be considered illegal. In this case, the will is annulled. This is the answer to the question: "Can I challenge the will?"
That the document was considered eligible in itBe sure to enter the date of writing. In certain journals, it takes place under a designated date, so it is mandatory. The day of drawing up the document and the date of its registration in the journal must be the same. This is a fundamental point, during the inspection of which it is possible to determine whether relatives can challenge the will.
There are several reasons why the date in the document is not specified:
If there is one of these positions, you can contactto court for challenging a will. To accurately determine whether the testator was legally capable, it is necessary to clarify the date of the document. If it is unknown to people, it is impossible to guarantee the validity of the document.
Similarly important information that tells aboutthe place where the will was made. It is obligatory to indicate the specific address of the premises in which the testator was located when he signed the will. Is it possible to dispute the will if the address of a certain house, and of the hospital, as well as of the notary office has been registered? The answer to this question can be obtained only in court upon presentation of all complaints and documents.
If the document is not certified correctly, then you canchallenge the testament in court. When there is a procedure for its registration, this document is notarized by a notary by means of a signature. Sometimes there are situations in which the assurance is performed by other persons. When a person is in the hospital, this can be done by the head physician. In order for the document to be valid, it is necessary to attract at least two witnesses.
Завещание является волеизъявлением человека, which must be fulfilled after his death. Sometimes this will is distorted, so you need to know how to challenge the will to the house. When there is confidence in the possibility of successfully challenging the document, you need to go to court and make all the claims.
