Claims to the court to invalidate the will should be filed when there is a real chance to challenge the legality of the document. This was announced on January 31 by Anatoly Mironov, head of the branch of the Moscow bar association “Zashchita”.
According to him, a frequent basis for challenging the will is the inability of the testator at the time of writing the will to understand the significance of his actions and be responsible for them. This happens if, during his lifetime, he was registered with a psychiatrist or a narcologist and made a will for an unfamiliar person.
“The heirs, as a rule, become aware of this after the death of the testator, and in this case, those who were supposed to be called to inherit by law have the only way to protect their rights – to go to court,” the lawyer is quoted by the Prime agency …
Sometimes the form of the will does not comply with the law, incorrect passport data are indicated there or changes were made by a notary after the will was certified, you can also dispute the document. It so happens that the testator’s signature is incorrectly executed. As the lawyer noted, in these cases it will take a long time to litigate and without a guarantee of success.
If the reason for the claim was the forgery of the signature of a notary or testator, then law enforcement officers initiate a criminal case. If the fake is proven, then the chances of success are greater, added Mironov.
Since December 29, 2020, a special marking has appeared on most notarial documents – a QR code. A scanning application on a smartphone will be enough for authentication. After reading the code, the user will see on the screen information about the applicants and their representatives, the date of the notarial act, the type of notarial act and its registration number.