The matter in brief
How it went
Situation. After the testator’s death, relatives who were not mentioned in the will challenged it in court, alleging that the testator lacked capacity when the document was made.
What we did. We gathered medical and witness evidence of the testator’s capacity, presented expert opinions, and consistently defended the client’s position in every court instance.
Result. The court upheld the will as valid in every instance, confirming the testator’s wishes and the rights of the sole heir.
Which law governs a challenge to a will
Voidable and void wills, Article 1131 of the Russian Civil Code. A will may be declared invalid by a court on a claim by an interested person (a voidable will), or may be invalid regardless of any such court ruling (a void will), for example where the form of the document is grossly violated. Minor slips, or departures from the prescribed procedure for making and certifying a will that do not affect the understanding of the testator’s intent, are not in themselves grounds for invalidity.
Inability to understand the meaning of one’s actions, Article 177 of the Russian Civil Code. This is the provision on which will disputes most often rest. A transaction by a person who was legally capable when the documents were executed may be challenged if it is proved that at the moment of the transaction they were unable to understand the meaning of their actions or to control them. The key difference from a declaration of incapacity is that no court ruling on incapacity is required. What matters is the person’s condition on the date the will was signed.
Who may make a will and who may challenge it, Article 1118 of the Russian Civil Code. Only a fully capable person may make a will, and must do so personally, not through a representative. A will can be challenged not by any relative but only by a person whose rights or legally protected interests are affected by its contents, as a rule an heir at law who would have received the property had there been no will.
Form of a will, Articles 1124-1127 of the Russian Civil Code. As a general rule, a will is certified by a notary. The law separately regulates sealed wills, wills made in extraordinary circumstances, and those treated as equivalent to notarised wills. Failure to comply with the mandatory requirements on form and certification makes the document void.
How a challenge to a will usually proceeds
The general sequence for a typical case of this kind. Specific timeframes depend on the court’s workload, the scope of the expert examination, and whether the decision is appealed.
Preparing and filing the claim
Identifying the proper claimant and defendant, assembling the initial body of evidence, and formulating the grounds of invalidity by reference to the specific provision of the Russian Civil Code. Timeframe: 2-4 weeks to prepare.
Gathering medical records and testimony
Requesting medical records and case histories, and testimony from the treating doctors, the notary who certified the will, and witnesses who knew the testator when the document was made.
Posthumous forensic psychiatric examination
If the dispute rests on Article 177 of the Russian Civil Code, the court will usually order an examination based on the available medical records, since a personal examination of the testator is, of course, impossible. Timeframe: usually 1 to 3 months to carry out.
Hearing in the court of first instance
Review of the expert opinion and of the testimony of the parties and witnesses, followed by judgment. Timeframe: from a few months to a year if the expert opinion is contested.
Appeal and, if necessary, cassation
The losing party may appeal, and each additional instance adds several months to the overall time needed to resolve the dispute.
Common mistakes and misconceptions in will disputes
“Notarial certification makes a will unchallengeable.” That is not so. A notary certifies the outward expression of intent and does not carry out a medical examination. A notarised document therefore does not rule out a later challenge under Article 177 of the Russian Civil Code if it is proved that, at the moment of signing, the testator could not understand the meaning of their actions.
“It is enough that relatives think the testator was not of sound mind.” The subjective opinion of interested persons about the testator’s behaviour and condition is not evidence in itself. The court relies first of all on medical records and the conclusion of the posthumous expert examination, and witness testimony is assessed together with them.
“Any dissatisfied relative can challenge a will.” The right to sue belongs only to a person whose rights or legitimate interests are affected by the contents of the will, as a rule an heir at law of the relevant rank. Disagreement with the testator’s wishes is not, in itself, grounds for a claim.
“There is no time limit for challenging a will.” A voidable will must be challenged within one year under the general limitation rules for voidable transactions (paragraph 2 of Article 181 of the Russian Civil Code). For a void will tainted by a defect of form, the period is three years. Missing the deadline sharply reduces the chances of a successful challenge.
What to bear in mind if a will is being challenged
The burden of proof lies on the challenging party. It is the claimant asserting the grounds of invalidity who must prove them. The heir under the will does not have to prove the testator’s capacity until weighty evidence to the contrary has been presented.
Time works against the evidence. The longer the time since the succession opened, the higher the risk that medical institutions will pass the retention period for some records and that witnesses will forget details. Evidence should be gathered as early as possible after you learn of the dispute.
Restrictions on dealing with the property while the dispute is pending. Until the case is finally resolved, the heir under the will generally cannot complete registration or dispose of the disputed property (sell it, give it away, or register the transfer of title). This should be factored into personal and business planning for the duration of the proceedings.
The family cost of a public dispute. Challenging a will almost always means court proceedings between close relatives, with the full record open to the other side. This should be weighed alongside the legal risks when choosing a strategy.
Will disputes in numbers
General benchmarks for this practice area, not figures for any specific case.
A similar situation? Let us discuss the details at a consultation.
Frequently asked questions
Can a business be protected from division on divorce if there is no prenuptial agreement yet?+
Once a conflict has begun, it is harder, but not always impossible. It is more effective to sign an agreement in advance, before a dispute arises.
How do you settle an inheritance if the assets are spread across several countries?+
The process is coordinated in parallel in each jurisdiction, and each country applies its own law to the assets located there.
Is this a real case or a generalised example?+
It is a real matter from the firm’s practice. We publish it without company names or the names of the participants, as every client agreement includes a non-disclosure clause.