How can you challenge a will?

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19.03.2024 13:52 411

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Photo of lorina200215 Lorina Fedan

The will is contested and may be declared invalid at the request of the interested party. The legislator does not directly establish who belongs to this category, however, as evidenced by judicial practice, an interested person can only be a person whose inheritance rights are violated in connection with the conclusion of a will. This can be an heir by law (children of the deceased person, his or her husband or wife, parents, other relatives provided for by civil law), an heir under another will (any person who has been designated as an heir in other wills), a beneficiary (a person on in favor of which the testamentary refusal was made).

The legal consequences of a will occur only after the death of the person who made the will. Therefore, the will can be challenged only after the death of the testator. The general statute of limitations applies to contesting a will - 3 years from the day the person learned or could have learned about the violation of his right.

In order to challenge the will in court, it is necessary to file a claim with the district court. It is possible to challenge the will as a whole, as well as its individual terms, if these terms contradict the law.

19.03.2024 20:30

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