GK Legal

Divorce

• Divorce by mutual consent
• Divorce without the consent of the spouse
• Divorce with a foreigner
• Annulment of marriage
• Divorce without personal participation

The law gives every citizen the right to independently dispose of their property, including transferring it by inheritance. In this case, the order is made in the form of a will, according to which the property is divided among the heirs.

The heirs cannot change the will, however, if it violates the rights and legitimate interests of persons, then they have the right to challenge the will, declaring it invalid.

GC Legal specialists will examine the will for factual errors, compliance with formal requirements, and collect evidence to resolve the situation with maximum benefit for you.

Grounds for challenge

A will that contains the will of the testator can be challenged only in exceptional cases. To start a lawsuit, there must be compelling reasons that the applicant indicates in the relevant claim. During the life of the testator, it is impossible to challenge the will.

The grounds for challenging a will can be general or special.

Common ones include:

• The document was drawn up in violation of the law, for example, on a mandatory share in the inheritance.
• At the time of drawing up the will, the testator was incapacitated or was not aware of his actions.
• The will was signed under pressure - threats, blackmail, deception.
  • When drawing up, the established requirements for the document were not observed.
  • The rules for certifying a will have been violated - according to the law, it must be carried out by an authorized person.
  • There are signs that the signature of the testator or notary is forged.
• receipt of payment of state duty;
• a copy of the will;
• a copy of the death certificate of the testator;
• documents that confirm the grounds for revoking the will.
• analysis of documents justifying the real prospects of the case;
• requesting medical tests necessary for the examination;
• preparation and submission of a statement of claim to the court;
• protection and representation of the client’s interests at all court hearings.