- A challenge to a will is a claim by the heir that the will is invalid.
- The court can declare a will invalid if there are errors in the will, such as the testator being a minor or not complying with the formal requirements of the will.
- Memory or mental illness or other mental disorder can affect the invalidity of a will.
- A will can be invalid if it is made as a result of fraud, duress or abuse.
- In order to bring an action for invalidity, the heirs must be able to prove that the will was invalid at the time it was made.
- An action for probate must be brought before a district court within six months of the date on which the heir was notified of the will.
What does it mean to criticise a will?
To challenge a will, the heirs bring an action against the testator in court. Only the heir can bring an action for censure and only after the testator has died. The action must be brought within six months of the date on which the will was served with probate. If the court declares the will invalid, the inheritance goes to the testator's legal heirs instead of the testator.
The right to contest a will belongs only to the nearest heir who has not forfeited his right to the inheritance, renounced his inheritance during the testator's lifetime or accepted the will after the testator's death. More distant relatives cannot therefore bring an action for probate if the deceased has closer heirs. The testator should note that he or she cannot require the court in advance of the testator's death to confirm that the will is not vitiated by invalidity on the ground of censure. The testator must therefore always wait to see whether or not the heir will bring an action for censure before the court.
The heir's right to contest the will
Each by the heir has the right to independently contest the will. It is therefore possible for each heir to bring a separate action, but this is not usually the case and the heirs often bring a joint action. However, if one of the heirs does not join the action, the Testament becomes final against him after the expiry of the period of notice. A decision given in a composition procedure is binding only on the applicant's heirs and has no effect on the other heirs. The will is therefore invalid only in so far as it prevents the claimant(s) from receiving their share of the estate.
Invalidity of a will
A will can be declared invalid, for example, because the testator was not fit to dispose of his or her estate due to an advanced case of memory loss or because the will was not made in the form prescribed by law. For example, the will may lack witnesses. A will may also be declared invalid if the court finds that the testator has been forced or induced to make a will by abuse of his or her lack of understanding, weakness of will or dependent status, or has been fraudulently induced to make a will. This must be proved to the court by the person making the will, i.e. the claimant. The ground for invalidity of the will must have existed at the time the will was made, i.e. on the date on which it was dated and signed.
Article drafted by the Advocate Tuula Rainto, Amos Law Firm. You can always call him free of charge on 010 299 5090. You can consult our price list Here.
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[avatar user=”amoslaki” size=”352″ align=”left” link=”www.amoslaki.fi/ajanvarauskalenteri” target=”_blank”]Attorney Tuula Rainto, Amos Law Office. You can always call her free of charge, tel. 010 299 5090[/avatar]