Recognition of the will invalid: legal exhumation or asserting their rights?
Even the ancients claimed that the recipe is based on the will correct mental balance, sane, long reflection and a good memory. Themis priests coming to the last will of the deceased is simpler: a will to be valid, the person signed it in his right mind. If the mental state of the deceased is in doubt, the heir to the property rights of incarcerated may tread a thorny path of recognition of the will invalid.
Is it possible to contest a will?
Yes, a will can be challenged if the heir insists that the testator, in spite of its efficiency, in a state that prevents fully aware of the consequences of their actions. Strangulated successor should be prepared to present evidence of a “twilight” state of relative (they are indications of doctors, neighbors, social workers), but the basis for changing a will after death becomes a forensic psychiatric examination, she is appointed by the court on the petition of a party. The examination is based on the medical records and testimony. Postmortem forensic examination aims to identify psychiatric pathologies, determine their severity and impact on the mind of the deceased.
Will may be invalidated in the event that it was composed under the pressure of threats, violence or deception, that is, by breaking the main principle – the freedom of the will.
What diseases affect the deceased mental state of the deceased?
If the originator of the will at the time of writing have any of the following diseases:
or diabetes associated with psychiatric disorders,
the will has the potential to be canceled. However, the presence of a psychiatric disorder does not mean failure to take adequate decisions, and even confirmed the fact of the disease, the recognition of the will invalid – a complicated procedure that requires involvement of professionals.
Who can contest a will?
Initiate the recognition of the will may invalidate those interested – infringement legal heirs or the heirs mentioned in the previous will, and deprived of his share of the inheritance for the new documents.