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A will, although it contains the last wishes of the testator, does not always signify the final distribution of the estate. There are instances where interested parties decide to contest the will. Are you considering whether it is worthwhile? Can every will be contested? Check the basic information and learn in which situations a will can be contested and what consequences such an action entails. We will highlight why proper preparation for legal proceedings plays a crucial role.
A will is a form of disposing of one's estate upon death. It can only contain the wishes of a single testator (preparing it jointly by more than one person constitutes grounds for contesting it). Even if a will has already been prepared, the testator may demand its revocation in whole or in part. Such an action will have legal effects if undertaken personally by the testator. No one else, not even a representative or attorney, can do this. When revoking a will, the previous one should be destroyed or changes made to the original version, while simultaneously revoking previous provisions in the new one. In the absence of a clause revoking the previous will, only those provisions that cannot be reconciled with the new will are revoked.
There are several types of wills, differing in their form of preparation. The basic example is a handwritten will (holographic), signed by the testator and dated. It can also be drawn up in the form of a notarial deed. In such a case, a declaration of intent is made before a notary, and such a will has the character of an official document, which serves as a basis for confirming the content's compliance with the testator's wishes. Another possibility is preparing a will orally (allographic), which occurs in the presence of an official (this can only be the city president, mayor, village head, county head, voivodeship marshal, municipal or county secretary, or the head of the civil registry office) and two witnesses. This oral declaration is recorded in a protocol, then read out and, if it complies with the testator's wishes, signed (if it is not possible to sign personally, the reason must be indicated in the protocol). There are also special wills, including oral, travel, or military wills, but they can only be drawn up in specific situations (such as when there is a risk of imminent death or the inability to maintain the usual form of a will).
Let's address the question: can a will be contested? It is possible to contest any will. In practice, this means that regardless of whether it was handwritten or in the form of a notarial deed, it can be contested. And when is a will invalid? A handwritten document must meet formal requirements to be considered valid. This means it must be personally handwritten with a signature and date. It is equally important to maintain the characteristics of the testator, meaning it can only be someone who is of legal age and not incapacitated (a person with legal capacity). Are you wondering if a notarial will can be contested? Contesting a will drawn up as a notarial deed can be challenging, but it is not impossible. The notary undertaking this task must be certain that the testator is aware of their decision and has legal capacity. Each provision of the will is presented to the testator, and the notary ensures that its content is understandable and consistent with their wishes. The identity of the individuals involved in signing the documents is also verified. Due to the numerous restrictions associated with drawing up a will with a notary, contesting it may prove difficult. It is decidedly easier to do so when the will was prepared by hand.
Are you wondering if only an heir can request the invalidation of a will? Not at all. Anyone with any interest in doing so can file a motion to contest a will. There are no regulations indicating that it must be solely an heir or a close family member of the deceased. Essentially, the only condition for contesting a will is full legal capacity. This is possessed by all adults who have not been incapacitated (either fully or partially).
The Civil Code provides detailed information on possible grounds for contesting a will. Most commonly, defects relate to the declaration of intent. This refers to situations where the testator was not aware of the decision being made, for example, due to illness. If you intend to contest a will for this reason, it will be necessary to gather evidence confirming it. This includes medical documentation and witness testimonies. Another basis for contesting a will is the lack of freedom in the testator's decision-making due to threats or coercion. When else can a will be contested? It is possible when the testator was misled, and having actual knowledge would have led to a different decision and provision in the will or would not have led to its creation. Invalidity is also discussed when the document was drawn up by more than one person. When does contesting a will most frequently occur?
During proceedings for a reserved share, when the will contains information about disinheritance of a person claiming the reserved share.
As a defense in a lawsuit for the execution of a testamentary provision.
In a case concerning the division of the estate.
If contesting a will occurs within proceedings for declaring the acquisition of an inheritance, the objection can be raised not only by the applicant but also by any participant in the proceedings. There is no necessity (though there is a possibility) to initiate new proceedings before the court for contesting a will, as it can occur during any court process concerning a specific inheritance.
How much time do you have to contest a will? Remember, specific deadlines apply. If the defects in the will concern the declaration of intent, you have 3 years to contest it, counting from the day you learned of the cause of invalidity. From the moment the estate is opened, you have 10 years. After this period, you lose the ability to invoke the invalidity of the will.
It is necessary to start by preparing specific arguments supported by evidence that can serve as a basis for declaring the will invalid. How is a will invalidated? The objection can only be raised before a court (it cannot be done before a notary or through administrative means). If we are unsure whether specific evidence constitutes grounds for raising an objection of invalidity, it is advisable to seek legal counsel. This will ensure that our claims are justified. An experienced and qualified individual will also assess our chances of success in the case. It is important to be aware that mere declarations of invalidity of the will before the court are not sufficient. It is necessary to prepare evidence that will serve as a basis for confirming the arguments presented before the court.
Among the easiest defects to identify in a will is the lack of a signature on a handwritten will. A rather obvious error is also the preparation of a will in the form of a computer printout with a handwritten signature.
If we are preparing to contest a will due to the lack of awareness of the testator, due to illness or advanced age, appropriate medical documentation should be available. At the same time, it is important to be aware that not every illness can serve as a basis for contesting a will. Whether this was the case will be determined by a court expert, who will express their opinion. Cases concerning contesting a will due to lack of awareness are difficult to win (especially if the document was prepared as a notarial deed), but with meticulous preparation of evidence, it is possible. Some, aware of the complex process that awaits them, choose not to contest the will, while still wishing to exercise their right to a reserved share from the deceased.
A court that, through proceedings, finds effective evidence for contesting a will will declare it legally void, and consequently, ineffective. Does this mean the will is invalidated at that point? Yes, the court's ruling results in the will being treated as if it never existed. When it is contested, the heirs inherit according to statutory provisions. Thus, the spouse and children of the deceased have priority. There is also the possibility of applying a previous will (if one was made), provided its provisions are not also successfully contested. And what does contesting a will mean for the person who contributed to falsifying its provisions? Criminal proceedings are initiated against them. Depending on the severity of the offense or crime, the sentence may vary (fine, restriction, or imprisonment). The involvement of the individual is assessed, i.e., whether they forged a signature or altered the document and what effects their actions caused.
Is it worth contesting a will? If we have evidence supporting the validity of the arguments presented, it is not only worthwhile but necessary to pursue it. This is possible for any type of will, regardless of whether it was handwritten, in the form of a notarial deed, or a special form of will. A contested document is treated as if it never existed. Remember, only argumentation supported by evidence matters during court proceedings. Therefore, if you have any doubts, seek professional assistance from a qualified lawyer who will help you prepare thoroughly for the case, file a motion, and provide support during the court hearing.
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