Usually, the party that wishes to refer to the will and receive property through it will notify of the will. The notification must be made in a prescribed form. Therefore, the will must first be demonstrably notified to you.
More and more often, I am asked for comments on whether a will has been made correctly and whether the witnesses may have been disqualified. Below I have compiled some starting points and quick instructions for you who are currently considering such a matter.
”If you believe that the witnesses to the will were disqualified, you must take action.”
Starting point
”The rule of thumb is that witnesses to a will are always outsiders.”
In a will, neither the beneficiary or their relatives and spouses, nor the testator's relatives and their spouses, can act as impartial witnesses.
If you deem the witnesses to the will to be incapacitated
If a will is contested, meaning someone claims property based on the will and you do not agree, you must file a claim against the will. It is not enough to express dissatisfaction with the situation. The claim against the will must be filed at the district court of the deceased's last place of residence within six months of when you have been officially notified of the will.
Here are instructions for you, if someone relies on a will with witnesses you believe to be disqualified:
1. Ensure the beneficiary accepts the will
If the will is not invoked, you do not need to do anything. For example, the beneficiary of the will can state: ”There is a will in my favour here, but I will not invoke it.”
Instructions
Put on the notice Perukirjaan and a mention of the matter in the deed of distribution.
The beneficiary refers to the will and it is communicated to you.
Do not accept the will. Do not sign anything.
Instructions
Ensure, for example, that there is no mention in the estate inventory to the effect that you accept the estate inventory by signature or a similar phrase. Ultimately, refuse to sign the estate inventory.
3. Ensure witnesses are not unduly influenced by a legal professional
Aesthetic qualities and accessibility are not always necessarily obvious. Clarify the situation of the relevant witnesses with a lawyer specialising in inheritance law.
Instructions
Check with a solicitor.
4. You have 6 months to bring a challenge to the will.
It is not enough to refuse to accept the will and inform about it, for example, to relatives or other parties, or to not sign the inventory and account, for example.
Instructions
You have 6 months from receipt of the will to file a will caveat.
Article drafted by the AdvocateTuula Rainto, Asoianajotoimisto Amos. You can always call him free of charge, tel. 010 299 5090. You can see our price list Here.
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