Is it possible to challenge a will for an inheritance to a first-priority heir?

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Published: 08/05/2018

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Often, issues of inheritance distribution become the subject of lengthy legal proceedings. You can challenge an inheritance both in terms of inheriting property according to the law and according to a will. In the latter case, the heirs must acquire compelling reasons for revoking the will or declaring it partially invalid.

• How to challenge an inheritance legally?
• What are the legal deadlines for challenging a will?
• Who has the right to challenge the last will of the deceased?
• Grounds for challenge
• Procedure
• Is it possible to challenge a will for an apartment and who can do this?

How to challenge an inheritance legally?

It is the will that the Civil Code gives priority over inheritance according to the law. Therefore, the relatives of the deceased, who could claim the inheritance in the absence of a will, are often dissatisfied with the content of the last will of the deceased and make every effort to challenge it.

Many relatives sincerely believe that the testator was misled and pressured at the time of signing the will, therefore the documented last will of the deceased does not correspond to his real wishes during his lifetime. Often, the relatives of the deceased, having discovered a copy of the will after the death of the testator, try to hide it or deliberately destroy it so that the document does not enter into legal force.

But with such actions the heirs are unlikely to be able to achieve what they want: one copy of the will always remains in the custody of the notary.

To challenge a will, it is mandatory to go to court. This issue cannot be resolved out of court. The heir has the right to file a claim for complete annulment of the will or for invalidation of some of its parts. But judicial practice shows that the court respects the last will of the deceased and it is almost impossible to challenge a will that has been duly notarized.

There is only one exception to the judicial procedure for appealing a will: if we are talking about the allocation of a mandatory share in the inheritance by law. It is entitled to incapacitated and minor heirs of the first stage of the deceased, as well as his dependents.

Mandatory heirs by law can claim ½ share in the inheritance, which would have gone to them in the absence of a will. For example, if the heir received by law a share in the property in the amount of ½, then his obligatory share will be ¼.

The list of heirs who are entitled to a compulsory share includes:

1. Minor children of the deceased under 18 years of age , as well as full-time students without employment opportunities under 23 years of age or disabled children, regardless of age.
2. Incapacitated spouses or parents (those on old-age pensions or recognized as disabled with loss of ability to work).
3. Dependents who lived with the testator in the last year of his life and were fully (partially) supported by him.

But even if the obligatory share has been allocated, this is not a reason to cancel the entire will: it will continue to be valid, only to a limited extent.

It is important to understand that if during his lifetime the testator managed to draw up several types of documents, then when the will is contested in court, its previous version will come into force. Therefore, it is necessary to file a claim to challenge each of them. If the will was written in one version, then the inheritance will be conducted according to the rules of the law.

The right to revoke a will at any time also belongs to the testator during his lifetime. He can either make changes to the will or completely cancel the document (in the latter case, the property will be distributed according to the law).

Is it possible to challenge a will?

By law, a notarized will has exclusive force. If it exists, any other standards will be considered void. Despite this position, the will can in any case be challenged in court.

You can obtain the right to a legal share only if you seek help from a highly qualified specialist. In general, the application itself may be disputed, but then the inheritance will be distributed in the general manner. The division of the property of the deceased will take place according to the rules and on the basis of the disputed points.

What are the legal deadlines for challenging a will?

A will can only be contested after the death of the testator. Until then, this document has no legal force. This is the key difference between a deed of gift and a will: a deed of gift can only be signed during the life of the owner and it passes to the donee during the life of the testator.

Ownership rights to property specified in the will do not pass to the heirs until the death of the testator. Therefore, the heirs have no grounds to challenge the transfer of property rights.

In general, it is believed that the contents of a will should be kept secret until the death of the testator. And even if the heirs become aware of the information contained in it, this is not a reason to go to court.

To challenge a will, the heirs must go to court within 3 years after it came into force (not after the death of the testator, but after the heir became aware of the infringement of his legal rights). When the statute of limitations has expired, challenging the will is not allowed.

It is optimal if the heirs file a claim before the certificate of inheritance is issued within 6 months after the death of the testator. After all, after this period, the heirs under the will will already assume their rights and can sell the inheritance, which will complicate the return procedure.

If violence was used when drawing up a will, then in order to initiate a criminal case, you need to contact law enforcement agencies within a year after the heir became aware of these facts.

Unworthy heirs: who are they?

Is it possible to challenge a will after the death of the testator if one of the heirs indicated in it behaves unlawfully in relation to others? Inheritance law clearly defines the provisions according to which the heir falls under the concept of unworthy and is deprived of his share of the inheritance. They are divided into several categories:

• Heirs who deliberately attempted to kill the testator or took his life. Or the same acts in relation to other heirs under the will. It is important that the conscious intentionality of illegal actions against these persons be proven in court. In this case, the motive itself does not matter.
• Potential heirs who, through various illegal actions, seek to increase their personal share in the inheritance, resorting to blackmail, threats towards the maker of the will and other heirs. Also, forgery of a signature in a testamentary document or a situation where the will itself is maliciously destroyed in order to obtain one’s share, which will be due to the attacker by law.
• Those persons who are malicious defaulters of alimony in relation to the testator of the property. For example, a granddaughter who does not allocate funds for the maintenance of her grandfather will be unworthy to inherit his property. This applies to cases where the relevant obligations have been determined by the court.

Who has the right to challenge the last will of the deceased?

The list of possible plaintiffs in challenging the will is listed in Art. 1131 Civil Code. Even if the will does not comply with the law, not every stranger can file a lawsuit to challenge it (for example, friends or concerned neighbors). Only the person whose property rights were infringed as a result has the right to challenge a will.

Typically, claims to challenge a will come from the circle of the deceased’s closest relatives, who could lay claim to his property in the absence of a will. These are spouses, parents and children.

In the vast majority of cases, the plaintiffs are heirs of the first priority, but applicants from the second priority are also allowed to file a claim (only if there are no first-priority ones). The right to file a claim passes to third-rank heirs only in the absence of 1st-2nd-rank heirs, etc.

For example, in the absence of a will, the apartment would go to the adult daughter of the deceased. But the late father made a will in favor of his common-law wife. It is the daughter who has the right to file a claim to annul the will. And, for example, her grandmother will not be able to file a claim: it will not be considered by the court, since her property rights were not violated (her grandmother is not among the first-priority heirs and even if the will was annulled, she would not be able to lay claim to the apartment).

When filing a claim, plaintiffs will need to document the fact that they could receive an inheritance after the will was revoked. Such documents can be a birth certificate, marriage certificate, etc.

Also, claims are often made by the spouses of the testator if he bequeathed part of the property, which legally belongs to them, without the consent of the other half. For example, the deceased spouse bequeathed an apartment to his brother, while the property was acquired after marriage. Consequently, the husband had no grounds for drawing up a will for the entire apartment, but had to obtain consent from his wife to bequeath her 50% share. It does not matter with whose money the real estate was actually purchased and whether the wife incurred the expenses.

Sometimes the actual owners of real estate, whose property was illegally inherited, although it did not belong to the testator, file claims. For example, if during his lifetime the deceased began the procedure for privatization of real estate, but did not have time to complete it, i.e., in fact, the apartment remained in municipal ownership. Another example: the testator inherited a car that was pledged to the bank or bequeathed a plot of land that he rented from the municipality. Such situations are possible, since the tasks of a notary do not include mandatory verification of ownership of the bequeathed property.

A person whose family ties with the testator were confirmed after his death can also challenge a will. For example, if a daughter conducted a DNA test, which indicated that the testator is her father. This gives her the right to receive a compulsory share and change the will.

How is property inherited?

A will is a properly executed document. Which contains the will of the citizen about who will use his property in the event of his death.

If a will is not executed, then all movable and immovable property is divided according to the law according to the established order.

Sample will

According to the law, the following are considered heirs of the first stage (Article 1142 of the Civil Code of the Russian Federation):

• spouse of the deceased;
• his own children, regardless of seniority;
• parents.

They have the right to divide the inheritance in the absence of the posthumous will of the deceased.

When none of the first-line heirs are alive, the persons next on the list should exercise the right to the property. Heirs of the second stage and so on (Article 1143 of the Civil Code of the Russian Federation).

Heirs of the second stage also receive the right to the property of the deceased. If the heirs of the first priority refuse the inheritance, and there is documentary evidence of this.

Contesting an existing will must be done in the same order. The heirs of the first stage have a priority right to it. In their absence or death, the challenge is carried out in the following order.

Grounds for challenge

To challenge a will, you must have valid grounds for doing so. For example, minor clerical errors and misprints cannot become a reason to annul the last will of the deceased.

The Civil Code contains a group of general and special grounds for challenging a will. General grounds mean reasons that make it possible to challenge any transaction concluded on the territory of the Russian Federation. Special grounds describe only the reasons for invalidating wills.

The general grounds for declaring civil transactions void are contained in Chapter 9 of the Civil Code:

1. The will was made by an incapacitated person.
2. The testator was misled and did not understand the civil consequences of signing the will . For example, he believed that he was signing a purchase and sale agreement. It is possible that the attackers promised him certain benefits for signing the will; blackmail, threats or violent methods were used against him.
3. The will was written by a person who, at the time of signing it, was not aware of his actions . In particular, he was under the influence of drugs and alcohol or suffered from senile dementia.
4. The heirs revealed facts of falsification: they learned about the signing of the document by a third party and forgery of the signature.
5. A will involves actions that are contrary to the law . For example, it was drawn up in relation to property that does not belong to the testator as property.

In practice, challenging a will on these grounds is extremely difficult. After all, this document is subject to mandatory notarization. Before this, the notary is obliged to verify the fact of the testator’s legal capacity and explain to him the civil law consequences of signing the will.

But if a will is drawn up under extraordinary circumstances, then violations may occur. In these cases, the document is certified by the head physician, warden, head of the settlement, etc. These persons are usually not very well versed in the intricacies of inheritance law and may not notice inaccuracies.

Article 62 of the Civil Code contains a list of special grounds for invalidating a will:

1. Violation of the form of drawing up the document: absence of the testator’s signature, date of drawing up the document or notarization.
2. When a will extends to property that does not actually belong to the testator.
3. The will was drawn up in the presence of inadequate witnesses (interested parties, illiterate people, etc.) or without them at all in cases where this was necessary (for example, if the will was drawn up in an emergency situation).

Speaking about challenging a will, one cannot help but dwell on such an important phenomenon as “unworthy heirs.” If the persons from the will are recognized as such, then the document will be 100% likely to be annulled.

According to Art. 1117 of the Civil Code may be recognized as an unworthy heir for the following reasons:

1. The person committed a crime against the testator and his heirs . This act was aimed at obtaining an inheritance and increasing one’s share in the inheritance. It could be about fraud or even murder.
2. He was deprived of parental rights in relation to a child who had made a will in his favor.
3. The heir, despite the obligation to support the testator and provide him with proper care, evaded it . For example, we may be talking about failure to pay alimony in favor of the testator or care for him after becoming disabled.

Summary

• Can a sibling challenge his sister's will? He is not listed there.
• Can a sister challenge her brother’s will if he assigned the apartment to his own son?
• Can a sister challenge her sister’s will for her apartment?
• Can a pensioner’s sister challenge a will if it is for a grandson?
• Mom left wills for two children. Can my sister challenge this will?
• Can an older sister challenge a will? The will was written for the youngest daughter.
• Can my sister challenge my mother's will for an apartment?
• Can a daughter challenge a will?
• Can a grandson challenge a will?
• Can a disabled person challenge a will?
• Can my brother contest the will?
• Can a pensioner challenge a will?

Questions

1. Can a sibling challenge his sister’s will? He is not listed there.

1.1. If only he has the right to an obligatory share.

1.2. He can try. But there is practically no chance, unless of course he is a dependent of the testator.

2. Can a sister challenge her brother’s will if he assigned the apartment to his own son?

2.1. Good afternoon. On what basis? Even if the will is contested, the son is still the first-priority heir by law.

3. Can a sister challenge a will for her sister’s apartment?

3.1. You can challenge it, but there are few prospects.

4. Can a pensioner’s sister challenge a will if it is for a grandson?

4.1. Hello! If the pensioner’s sister was dependent on the deceased (for at least the last year of her life), she may demand the allocation of a mandatory share in the inheritance.

4.2. What does she care about the will? Is he not of sound mind and memory? If the person is normal, then no one will be able to challenge the will. It is only possible that there is an obligatory share in the inheritance, but that is another question.

5. Mom left wills for two children. Can my sister challenge this will?

5.1. Hello. Maybe, if there are reasons.

5.2. After the mother’s death, the sister will have the right to file a lawsuit to have the will declared invalid. Whether the court will satisfy her demands or not is another question. To challenge a will you need grounds.

5.3. Anything can be challenged, but in this case, if at the time of the mother’s death the sister is a pensioner or disabled person, she can claim a mandatory share in the inheritance. Article 1149 of the Civil Code of the Russian Federation.

5.4. Hello. If your mother is still alive, then you can’t. It is always possible to challenge the will of a deceased person, but the chances of winning the case must be assessed based on the circumstances. If your mother did not suffer from a mental disorder, then your sister’s chances will be negligible. Good luck to you.

5.5. Well, you can argue. But you can also lose. It is difficult to challenge a will if there is no basis. The fact that you didn’t get anything at all and you are outraged by this is not a reason

6. Can an older sister challenge a will? The will was written for the youngest daughter.

6.1. She has the right to challenge the will, but the result will not necessarily be in favor of the plaintiff

6.2. Only if there were grounds to believe that the testator at the time of drawing up the will was insane and was not aware of his actions.

6.3. Hello! A will can be declared invalid only after the death of the testator, if there are grounds. For example, if the testator is insane.

6.4. has the right to challenge only after the death of the testator, if there is reason to believe that at the time of writing the will he was not aware of his actions and did not direct them

6.5. It is possible to challenge the will. and there are grounds to receive an inheritance according to the obligatory share - a disabled person or a pensioner, or through the spouse of the deceased

7. Can my sister challenge my mother’s will for the apartment?

7.1. can challenge, but after the opening of the inheritance (death of the testator), but the chances in court in such cases are scanty

8. I am 70 years old and single. She wrote a will for all her property in favor of her cousin. Can my sibling challenge it?

8.1. Good afternoon, you can try to challenge anything. He may try to challenge the will posthumously, recognizing you as not being aware of your actions when leaving the will. But if you are not registered with a psychiatrist, do not take honey. drugs that affect your brain, he will not be able to challenge the will.

8.2. Valentina Borisovna! The law provides for the right of heirs to challenge a will. This is possible in court. A will can be challenged in certain cases, for example, if it is established that the testator at the time of writing the will did not actually have the will or could not control his own actions (under pressure from third parties). It is important to note that in order for a will to be valid, it must be certified by a notary.

8.3. - dear Valenina Borisovna, as an active user of the site, based on the 59 questions asked, she probably already knows the difference between a will and a donation (or a purchase and sale transaction); - having received answers to 59 questions, they have most likely already guessed that donation is “more reliable”, and if everything is certified by a notary, then it is virtually impossible to invalidate it (the notary will not say in court that the donor was incapacitated and signed the agreement); - and, also, I am 100% sure that you know that when making a will, rules come into force for an obligatory share in the inheritance for a certain circle of persons established by the legislator.

Procedure

Courts of general jurisdiction deal with inheritance cases (this does not fall within the competence of justices of the peace). The procedure involves filing a claim and having it assessed by a judge. The statement of claim must be filed at the location of the defendants or the opening of the inheritance case.

The statement of claim must contain the following aspects:

1. Name of the court.
2. Information about the plaintiff in the case and the defendant (in this case, the heir under the will, and not the testator himself).
3. Information about the notary who certified the document during the life of the testator.
4. The cost of the claim (the value of the property that was transferred under the will).
5. Circumstances for filing a claim: when the testator died, who he was related to the plaintiff, when he signed the will, what grounds make the will invalid, according to the plaintiff (for example, alcoholism of the testator).
6. Specific requirements for the annulment of a will or its partial cancellation.
7. Appendix in the form of a list of attached documents.
8. Date of application.
9. Plaintiff's signature.

The application is drawn up in three copies: for the court, for the defendant, and the third is sent to the plaintiff.

To move forward with the claim, you must first pay a state fee of 300 rubles. (receipt must be attached to the statement of claim). Attached to it is a passport, documents for property from the estate and the will itself.

The plaintiff may also be required to provide additional information: for example, documents confirming the relationship and the circumstances of the case.

Testimony of witnesses (neighbors, relatives, acquaintances, district police officer, etc.) can be accepted as evidence; documents confirming that the testator was registered at a drug or alcohol dispensary; results of a psychiatric examination confirming the fact of insanity of the testator; medical documents confirming the use of certain drugs that affect consciousness; materials from the police case indicating the use of violence against the testator; official conclusion of an underlining specialist, etc.

The court may take into account the testimony of witnesses that the testator did not recognize his acquaintances, looked unkempt, could not find his home on his own, talked to himself, etc.

Based on the consideration of the case, the court may make a decision to cancel the will and invalidate previously issued certificates of ownership of real estate and other property of the testator.

How to prove the insanity of a deceased testator

Is it possible to challenge a will after the death of the testator if the person who drafted it could not give an adequate assessment of his actions? To prove the testator's insanity in court, as a rule, one has to resort to the following methods:

• Carrying out a post-mortem psychological and psychiatric examination, during which all information about the illnesses of the deceased at the time the will was drawn up is established, what medications he was treated with and what possible side effects these medications had, etc. are considered. As a result of a medical analysis of the health of the deceased, a conclusion is drawn up about possible mental abnormalities/disorders of the testator, which at the time of writing the will could not allow him to adequately dispose of the inheritance in the testamentary document.
• Testimony from loved ones who lived with the testator, as well as neighbors and acquaintances, can tip the scales in controversial issues about the condition of the deceased. Perhaps they noticed his unusual behavior: he got lost on the street, forgot his name, where he lived, maybe he often communicated with himself, and so on.
• Presentation as evidence of insanity of certificates from medical institutions stating that the testator was registered and was being treated for mental illness at the time the will was drawn up.

Can a grandson claim his grandmother's inheritance if there is a will?

Is the grandson entitled to his grandmother’s inheritance if his father died and the grandmother has another son?

No. 401404. May 28, 2013 at 10:31 pm Saratov
My husband died in January. My 9-year-old son and I live in my mother-in-law’s house, and until my husband’s death, we also lived in my mother-in-law’s house for 12 years. The husband is registered in this house, and the house is privatized for the mother-in-law. She has another son, but no husband. She doesn’t say anything about the will, maybe she doesn’t even think about it, although she’s a sick elderly man and I don’t know how to talk to her about this topic, I’m afraid to say something wrong. The second son lives with his wife and son in his own home and claims that, by law, he is now the only heir. While living in my mother-in-law's house, my husband and I did renovations, installed plastic windows, an iron door, brought water into the house, etc. and all this is not cheap. During his lifetime, my husband said that he and his brother agreed that the house would remain with our family, but now my child may be left with nothing. In the event of the death of my mother-in-law, does my 9-year-old son have the right to inherit for his deceased father by right of representation and in what shares will the inheritance be divided? And if he has such a right, where should I go and within what time frame, and should I enter into my husband’s inheritance within six months from the date of his death, if there was no property on him. Thank you in advance

Lawyer inheritance, family, housing, land and other disputes, real estate transactions tel. +7 (926) 527-14-10, [email protected]

No. 269322. May 29, 2013 at 9:33 am

After the death of the child's father, you do not have to contact a notary. but after the death of the mother-in-law, her heirs in equal shares in the absence of a will will be her son and her grandson (your son),

But if the mother-in-law leaves a will in favor of her son, then the Grandson will be denied inheritance and the grandmother’s son may eventually evict you and him to nowhere.

You need to somehow find an approach and words and talk with your mother-in-law on the issue of drawing up a will in favor of a grandson or in favor of her son and grandson

After the death of the testator, the notary must be contacted before the expiration of 6 months from the date of death

Sincerely, lawyer Petrova Tatyana Viktorovna 7(926)527-14-10, [email protected] Moscow, Petrozavodskaya st., 13k1

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can grandchildren apply for inheritance?

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What could be more unpleasant than a dispute over an inheritance? Especially if you have to share it with loved ones. And it happens that there is no one to argue with, and it is not clear what to do with what has fallen out of the blue. Apply, but where and when? Pay, but how much

Enje Mukhametgalieva: First of all, you need to contact a notary who has the right to conduct inheritance matters. But not to anyone, but to the one to which the street and house where the person who left you the inheritance lived lived.

How to inherit an inheritance for a grandson

If there is no will, then the same brothers and sisters. Granddaughter. as the heir of the heir of the first stage (daughter of the child of the deceased) Granddaughter. She inherits after her parents. granddaughter is a granddaughter by right of representation after her parents.

only.

oh this granddaughter is a bitch. turned out to be unworthy. It’s possible, but what doesn’t allow it is not a reason. so fly by You decide how your granddaughter received the apartment: as an inheritance or as a gift.

How to file for inheritance (how to claim inheritance rights)

The Civil Code of the Russian Federation in Article 527 indicates two options for the possibility of inheritance. by law and by will. According to the law, there are two levels of heirs: first and second.

In case the heirs of the 1st stage are absent or have not expressed a desire to assume rights. this right passes to the heirs of the second stage.

Despite the drawn up will, minors have the right to file for inheritance.

Can grandchildren apply for inheritance?

1 answer. Moscow Viewed 113 times. Asked 2012-07-31 15:03:10 +0400 in the subject Inheritance law Can a granddaughter, along with her son, claim her grandmother’s inheritance (the granddaughter’s father, the grandmother’s son, has died) - Can a granddaughter, along with her son, claim her grandmother’s inheritance (the granddaughter’s father -grandmother's son -died). Further

1 answer. Moscow Viewed 37 times. Asked 2012-06-23 10:37:44 +0400 in the subject Inheritance law Division of inheritance.

Can a wife receive an inheritance after a divorce?

Each person earns a certain amount of this or that property during his life, which, at the end of his life, according to existing laws, will pass to his relatives and descendants. The transfer of absolutely the entire inheritance occurs directly to the relatives of the deceased, regardless of whether he has a will or not. The transferred property includes all things, movable and immovable property, plus all kinds of rights and obligations, including the obligation to pay debts that a deceased relative had.

Is it possible to claim an inheritance?

But, if it was not registered after the grandmother, and the father was registered with the grandmother (his mother) at the same address on the day of her death, then it will be considered that he actually accepted the inheritance after the death of his mother. Thus, part of the grandmother’s property, by virtue of clause 4 of Article 1152 of the Civil Code, was transferred to her son (father), and the grandson can claim this part of the property as a first-degree heir after the death of his father.

Inheritance by children and grandchildren

Often, children born from parents who were not in a registered marriage, in the absence of an entry on the birth certificate about the father, inherit only after the death of the mother. Of course, this is unfair and legally incorrect. However, there are opportunities to correct this situation.

Firstly. children born before the Decree of the Presidium of the Supreme Soviet of the USSR of July 8, 1944

Registration of inheritance for a granddaughter

Hello. I was registered in an apartment with my grandmother, who died. We cannot find the will. Is there a way to register an apartment as your own, i.e. for your granddaughter? There are direct heirs - 2 of her children. They agree to register it in my name.

The heirs of the first priority according to the law include the children, spouse and parents of the testator. Grandchildren are not included in any line of succession. But grandchildren can inherit by right of representation.

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The granddaughter studies and works outside of Latvia. My deceased husband, her grandfather, with my consent, bequeathed his house and land to her. I don't claim any inheritance. How can a granddaughter apply that she wants to accept the inheritance? In what time frame must this be done so that she does not lose her right to?

In accordance with Article 693 of the Civil Law of the Republic of Latvia (Part 2), if the testator has not determined the deadline for accepting the inheritance, the heirs must express their will to accept it within a year from the date of opening of the inheritance (that is, from the date of death of the testator) or from the time of receipt of information about that that the inheritance is open.

Rights of children and grandchildren to inherited property

Can grandchildren claim their grandmother's inheritance?

Can grandchildren claim their grandmother's inheritance?

When determining kinship, it does not matter whether brothers and sisters are full blood or not. The heirs of the third stage are the aunts and uncles of the deceased. The heirs of the fourth stage include the great-grandparents of the deceased.

Heirs of the fifth stage are the children of the deceased’s nephews (great-uncles and granddaughters), as well as the siblings of his grandparents (great-uncles and grand-grandmothers).

Heirs of the sixth stage are the children of cousins' grandchildren and granddaughters, children of cousins ​​and children of great-aunts and grandfathers of the deceased. Finally, the heirs of the seventh line include the stepsons, stepdaughters, stepfather and stepmother of the deceased.

Each subsequent line comes into inheritance only when there are no representatives of the previous line.

How to get your grandmother's inheritance: Legal advice

And it doesn’t matter that the land around the house is privatized for the grandson and 2/3 of this house also belongs to the grandson. In the absence of a will, all heirs have the right to claim the property left from the grandmother - including a third of the house.

First of all, within six months after the death of the grandmother, the heirs must contact the notary at the place of opening of the inheritance - and this is the last place of residence of the deceased - with a corresponding application for acceptance of the inheritance. But, the author of the question should keep in mind that in accordance with Article 1258 of the Civil Code of Ukraine, heirs by law receive the right to inherit one by one. First of all, the children of the testator (deceased), the surviving spouse, and parents have the right to inherit by law (Art.

Inheritance to grandchildren after the death of grandparents

In the first case, the grandchildren need to perform actions that indicate acceptance of the inheritance.

In the second case, it is worth contacting a notary with an application to accept the inheritance. The circulation period is 6 months. When an inheritance passes to several heirs, it is their common joint property.

In this case, division of inherited property is possible by agreement of all heirs or by court decision. Inheritance by will There are two options for inheritance by grandchildren after the death of a grandmother or grandfather: by will and by law (without a will).

Inheritance after the death of parents, grandparents, sons, daughters

If the will was drawn up incorrectly or is considered illegal, then this is equated to the fact that it was not drawn up at all.

It happens that not all of the deceased’s property is specified in the will.

In this case, the unspecified portion of the property will be distributed according to the law. Property will also be distributed if the heirs whose names were in the will die before receiving the inheritance. Inheritance after the death of a grandmother or grandfather If you are the grandson of the testator, then you can receive an inheritance only by right of representation.

Inheritance from grandmother

On the one hand, this is not economically profitable, but on the other hand, you will definitely be sure that the property is definitely the property of your grandson. As soon as the day of the grandmother’s death arrives, the inheritance is opened on a general basis in the manner prescribed by law, or, if there was a will, then according to the will. It is worth noting that the inheritance of the deceased grandmother does not immediately go to the grandson.

If before the grandmother died, she executed a will for her grandson, then after her death he can first lay claim to this property.

Can grandchildren claim their grandmother's inheritance?

to your aunt. If there are no disputes about the inheritance with the aunt, then you can all go together to the natary (if there is such an opportunity, preferably at the place of residence of the grandfather) and declare your right to the inheritance.

If there are disputes with your aunt, go to the natary yourself and declare your right to inheritance.

Again, as far as I understand, you will confirm your right to inheritance, the natary will write to the natary at the place of residence of the grandfather (if necessary) and after 6 months.

Law firm Aimwright

These include in particular: disabled parents of the deceased, disabled spouse, etc.

Read more about this in our article Who are compulsory heirs. If there is no will or there is other inherited property than what is mentioned in the will, then to determine the circle of heirs it is necessary to refer to the text of the laws. The Civil Code of the Russian Federation establishes that in such cases the inheritance is distributed in the established order of priority.

In order to do this, you need to understand for what reasons, as well as under what conditions, it is possible to cancel a will with recognition of its invalidity. Russian law, like in most civilized countries, treats the last will of the property owner with great respect.

Can a grandson or granddaughter claim her grandmother's inheritance?

After the death of a beloved grandmother, an inheritance may remain. It may also turn out that many members of a large family intend to apply for an apartment, land, house or something else.

A granddaughter and grandson can receive inherited property by the right of direct representation to the priority composition

So among the applicants there may be grandmother’s children, grandmother’s husband, uncles and aunts, grandmother’s sisters and brothers, as well as her grandchildren. What to do in such a situation and how the inheritance will be distributed will be described in this article. Can grandchildren receive property that was previously owned by their grandmother? Read how to receive an inheritance from an aunt or uncle to your nephews, documents and how to share, here: https://semprav24.ru/nasledstvo/obshhie-voprosy/kak-polchit-nasledstvo-ot-teti-ili-dyadi-plemyannikam-dokumenty-i -kak-delitsya.html .

Are grandchildren eligible?

Today, in accordance with the legislation of the Russian Federation, namely the Civil Code of Russia, Art. 1142 clause 2. a granddaughter and grandson can receive inherited property by the right of direct representation to the first-priority composition.

What does this mean? From a factual point of view, this means that grandchildren can receive real estate, vehicles, jewelry and much more only when their parents either die during the same period as the grandmother or die before the misfortune happens to the grandmother .

Attention! If the parents are still alive and well, then they will be the ones who will inherit after the sudden death of the mother.

As for those cases when parents do not have time to accept the inherited property, that is, to assume the rights of actual heirs, they can receive the grandmother’s property only through transmission.

The relevant question will be: is it possible to refuse a will in favor of grandchildren? In fact, it is impossible to refuse to receive property (movable and immovable) in favor of grandchildren. But if the grandchildren are included in the will and one of the relatives wants to give up their part of the inherited property in their (his) direction, then no one can resist this. Read how to inherit a cooperative apartment.

Attention! Refusal of inheritance is one of the irreversible options for transferring the right to receive the property of the testator.

In order for the refusal to take effect, it will need to be certified by a notary office.

How is it divided among grandchildren?

A situation may also arise in which a grandmother has not one grandson (granddaughter), but 2-5, etc. relatives of this type. Then you will need to adhere to the following rules:

1. Option No. 1 If a will is made directly for two (three, etc.) grandchildren, the inheritance will be divided between them in accordance with the shared division. Moreover, it should be noted that grandchildren can inherit the grandmother’s property only if she was the sole owner. If the property has other owners, then the second owner’s part is first allocated and only the remainder is distributed among the grandchildren. Read what transmission is and what to do if the heir dies before accepting the inheritance on this page.
2. Option No. 2 When transferring the right to receive property through transmission, distribution also occurs in equal shares. We should also not forget about the presence of incapacitated and unemployable relatives who may receive the minimum mandatory share.

In any case, each situation is individual and requires consultation with a notary.

Inheritance by will

At the moment, there are two ways to distribute the inheritance between the testator’s relatives and friends. Moreover, it should be noted that the first of them is receiving an inheritance under a will. The will of the testator is undeniable. If he indicates in a notarized document that he wants to transfer his property directly to his grandchildren or to some individual grandchild, then so be it.

It’s just necessary to take into account that in the case of existing minor heirs living with the grandmother, or disabled persons (for example, the grandmother’s husband or her children), the inheritance requires the allocation of a mandatory share. You can find out more about whether illegitimate children have the right to inheritance and how to register it correctly here.

In accordance with the legislation of the Russian Federation, the obligatory share in the inheritance is considered to be that part of the testator’s property that will need to be allocated to a person in need. In the event that only part of the property that previously belonged to the grandmother is registered in the will, then the obligatory share is allocated directly from the remaining, undistributed property.

If the undistributed part is still not enough to allocate the minimum mandatory share, then it will have to be allocated from the share that was allocated to one of the heirs under the will. In any case, you will need to consult a notary office. There, a specialist will tell you what and how to do when entering into an inheritance.

Inheritance by law

As for entering into inheritance by law, after reading and familiarizing yourself with the articles directly related to the acceptance of inherited property, grandchildren and granddaughters cannot claim to receive the grandmother’s property.

If you follow Art. 1141-1145 of the Civil Code of the Russian Federation, then in the absence of a certified document distributing property between the heirs, the distribution takes place in accordance with the established procedure.

As for the grandchildren, they have no right to receive their grandmother’s inheritance, because they do not belong to any line of inheritance. Moreover, it should be pointed out that among the potential heirs there are even cousins, but absolutely nothing is said about the grandchildren. Consequently, a grandson or granddaughter can receive the movable and immovable property of their grandmother either by will or by right of inheritance transmission. Read the review, what documents need to be collected and how much it will cost to enter into an inheritance. What is hereditary transmission? This is a kind of transfer of the right to inheritance after relatives who were previously in line to receive the inheritance die before entering into the inheritance. It turns out that the grandson or granddaughter will inherit the inheritance only through their parents.

The main thing that individuals should understand is that six months must pass when directly entering into inheritance. In this case, you should prepare all legal documents and certificates confirming the fact of relationship.

Video

Watch the video for information on how to leave an inheritance to your great-granddaughter if there are first-degree heirs:

A temporary period of six months is given specifically to allow time for additional heirs to be identified or to be eliminated.

Who can challenge a will for a grandson?

According to the legislation of our country, heirs have the right to challenge a will after the death of the testator. Relatives and heirs of seven orders can lay claim to part of the inherited property.

How to challenge a will for a grandson?

According to the Civil Code of the Russian Federation, a will is a unilateral transaction that comes into force after the death of the testator. Therefore, the appeal process is not possible during the life of the testator. According to a testamentary document, the property or property part of the deceased is left to his successors - children, grandchildren, wives, husbands and other generations. In the absence of a document, the property is distributed among the first priority heirs.

The described will of the deceased is subject to execution. However, there are often relatives who do not agree with the contents of the document and want to challenge it. You can challenge the entire inheritance or share. The challenge procedure must be carried out in court.

To challenge a will for a grandson, the procedure is as follows:

• Stage 1 - collecting a package of documents
• Stage 2 - collection of testimony, in case of possible assistance to the case
• Stage 3 - conducting a forensic examination, if there is a need for it
• Stage 4 - drawing up a lawsuit
• Stage 5 - filing a claim in court
• Stage 6 is the final stage, the court makes a decision on inheritance of property - houses, apartments.

Reasons

To challenge a will for a grandchild, two grounds can be taken into account:

To prove that the will is void:

• There are no signs of notarization - notary signature, seal
• A document was written with no legal norms
• Personal information of the testator or heir is not indicated
• The document was compiled by other persons. According to the law, a will is drawn up personally by the testator
• The last will of the deceased was drawn up on behalf of several people. By law, a will is drawn up by one citizen
• Complete or partial incapacity of the testator.

A document drawn up by the testator with the above criteria is considered invalid by law.

The will is voidable:

• wrote the document under threats, under deception, under delusion, under violence
• exclusion from the will of the heirs of the obligatory share
• there is a dubious signature on the paper by the testator
• the paper describes property that does not belong to the property of the deceased
• the document was drawn up in an unconscious state, the testator could not be responsible for his actions.

Who can argue?

According to the law of the Russian Federation, all applicants for the inheritance have the right to challenge the last will, except for unworthy heirs. Unworthy heirs are:

• Criminals who committed atrocities against the testator, close relatives claiming to receive the inheritance
• Parents who have been deprived of custody of their children (child)
• Heirs who, according to a previously concluded agreement, were supposed to look after the testator, but in fact did nothing.

In most cases, people want to challenge the last will drawn up for a grandson:

• son of the deceased
• daughter of the deceased
• grandson's brother, or brother of the deceased
• grandson's sister or sister of the deceased
• other grandchildren.

To appeal the testamentary document, close relatives who are directly related to the deceased citizen go to court.

Son

According to the Civil Code, the son of the testator has the right to challenge the will drawn up for his grandson, but if there are compelling reasons. The main thing is to prove the incapacity of the grandmother (grandfather), who wrote the last will for their grandson. That is, an incapacitated person is not able to make adequate decisions on his own.

Incapacity must be proven only in court. Reasons for testator's incapacity:

• mental disorder
• frequent alcohol consumption
• private drug use.

The son, in order to prove the incapacity of the testator, must go to court by providing testimony. Witnesses can prove the use of drugs and alcohol. But to transfer inheritance rights from a grandson to a son, the testimony of witnesses is not enough. A forensic medical examination should be carried out by exhuming the body.

If medical experts confirm the incompetence of the testator, his property will be distributed in equal parts among the first-priority heirs.

Daughter

A daughter has a chance to challenge a will executed in favor of a grandson if there is evidence of the incapacity of the person who drew it up.

According to the legislative norms of the Civil Code, the daughter has the right to challenge the share of the will, provided that she herself is:

• incapacitated person
• a minor citizen.

According to the Civil Code, incapacitated and minor citizens have the right to receive an obligatory share in the inheritance. But provided that they are heirs of the first stage, since heirs of the first stage:

In other cases, it is impossible to challenge a will drawn up for a grandson, son or daughter.

Required documents

It is possible to challenge the last will document in court. To begin the trial, the son (daughter) needs to collect a package of documents:

• statement of claim
• copy of the plaintiff's passport
• copy of the will
• copy of forensic examination
• witness statements
• copy of the testator's death certificate
• receipt of paid state duty
• other documents at the request of the judge.

A statement of claim to challenge a will for a grandson must contain:

• name of the institution to which it is submitted
• defendant's details
• plaintiff's details
• table of contents
• complete information about the testator
• information about the notary who certified the document
• reasons for challenging, indicating references to legislative acts
• demands for division of heritage
• list of documents attached to the claim
• date, painting.

Before filing a claim, you need to consult a specialist, because... The court may not accept the incorrectly stated circumstances in the application.

Tell our lawyer about your problem, describe your individual situation, and receive a detailed answer. Consulting a lawyer will help you correctly draw up a claim and challenge the inheritance.

Can a grandchild challenge his grandparents' will?

If grandchildren are indicated in the will as heirs, the share of the property is guaranteed. In other cases, they have the right to challenge the heritage by right of representation.

The grandchildren of the deceased can present their rights to the inheritance and challenge it. But this is provided that the children (son, daughter) of the testator died before the death of the testator. In a different situation, the property will be distributed among the priority recipients of the inheritance - between sons and daughters.

Right to present an illustrative example:

The grandmother had a son and daughter. The son and daughter each have two children of their own. The son died before the grandmother died. The inheritance, according to the law, is divided in equal shares (50/50) between the daughter (first priority) and the children of the deceased son (right of representation). If there were more than two grandchildren, then they are still entitled to 50% of the property, the remaining 50% belongs to the daughter.

If he is underage

Can a minor grandson challenge a will?

If a minor citizen and the deceased are registered in the same apartment, then he automatically has a share in the inheritance. But this is provided that his mother (father), who is the deceased person’s daughter (son), are dead.

In this situation, the remaining heirs claiming the property do not have the right to leave the minor without an obligatory share. To challenge a share of the inheritance for a minor grandchild, legal guardians must submit documents to the court.

If you have questions, consult a lawyer

You can ask your question in the form below, in the online consultant window at the bottom right of the screen, or call the numbers (24 hours a day, 7 days a week):

• +7 Moscow and region.
• +7 St. Petersburg and region.
• +7 all regions of the Russian Federation.

Sources: svem.ru, pomoshjuristov.ru, kempravo.ru, semprav24.ru, classomsk.com

Next articles

• When to inherit after death
• Is it possible to refuse an inheritance in favor of a grandson?

Statement of claim

A claim to challenge the orders of the apartment owner does not have an approved form, but there is a generally accepted structure that should be followed when drawing it up.

The content of the application consists of the following blocks:

1. Introductory. It displays the name of the court to which the claim is filed, last names, first names, patronymics, residential address and contact details of the parties to the upcoming process - the plaintiff, his representative and the defendant(s).
2. Motivational. All the essential circumstances of the inheritance case and the reasons for the dispute are revealed here.
3. Pleading. The block expresses the applicant’s demands and their legal justification.
4. Applications. Contains a list of documents and materials that are significant in substantiating the plaintiff’s position.

The claim may include a request to call witnesses, order an examination or other actions that may be useful in considering the case.

Sample statement of claim to challenge a will in 2020

When drawing up a claim, most questions arise about the content of the motivation and petition block. You can take the following example as a sample.