Challenging a Will Lawsuit

Challenging a Will Lawsuit

If you think your interests are injured with the will, left by your testator, seek help from a hereditary cases lawyer. He will initiate a challenging a will lawsuit.

There are null and void grounds for filing a challenging a will lawsuit. Null grounds have no legal effect while void grounds have legal effect, but it can be suspended. For this purpose, it is necessary judging the relevant claim or objection. To be filed challenging a will lawsuit it is necessary not to have expired 10-year duration of opening of succession. In addition: not to have passed more than 10 years since the death of the testator. The period between learning the reason for filing a challenging a will lawsuit and starting the procedure should be maximum 3 years.

The first ground of nullity is governed by Art. 43, para. 1 b. A the Law of Succession. It is related to testamentary capacity. In order for a person to draw a valid will, it should be major and be able to act wisely and handle his actions. This is Decision № 244-1979-I, 83-2004-II GO SCC.

People who are under full guardianship do not have testamentary capacity. A controversial issue is the ability to bequeath of such person. According to some of the opinions, a person placed under partial guardianship can not be legally able to prepare a will. Case law, however, takes the opposite view. It is assuming a decisive factor specific factual possibility of reasonable actions of the person rather than the legal limit of capacity. For this reason, in a challenging a will lawsuit a person’s legal capacity to bequeath shall be assessed to the date of the will. It doesn’t matter the legal capacity of a person before making a will.

The Secon Ground

Challenging a Will Lawsuit

Challenging a Will Lawsuit

of nullity of a will is governed by art. 43, para. 1 b. “B”  Law of Succession. According to it the mistake, which is a discrepancy between the external objectification and the actual inner will of the testator, is a ground for dispute. Mistake can refer both to the person – successor, and the subject of inheritance. The mistake in the name of the successor does not vitiate the will. The contents must have enough data to customize the person (decision № 284-2000-I GO SCC). It is possible that there is a mistake of the motive for the preparation of the will and it is displayed as an independent ground for filing a challenging a will lawsuit.

It is envisaged that the motive is expressed in the very will and it is crucial, namely that it is the only reason for creating a testamentary disposition.

The following grounds for nullity of a will are “fraud and violence”. They are regulated in Art. 43, para. 2 Law of Succession. Violence can be expressed in physically or as a threat of force. If violence is in a form of a threat, it should create a well-founded fear in the testator, who is preparing a will.

In a challenging a will lawsuit the original claim may be filed to seek annulment. Without the need of changing the claim, it can be proclaimed the nullity of the will. To perform testamentary dispositions court can make a judgment, based solely on the will, submitted as evidence in the case.

Grounds for nullity of a will include:

  • procedural defect of the will – lack of full date and / or signature of the testator, the will is not written manuscript by the testator and is printed on a typewriter, computer or laptop
  • the motive of the will is contrary to law and morality
  • the will is on a contrary to the gratuitous nature of this type of document

Due to the variety of reasons that can lead to vice – grounds for filing a challenging a will lawsuit it is a good idea to seek help from a hereditary cases lawyer before you prepare this important document.

Contact us. We are professions. If you need some advices, you can receive helpful information online.

tags  

Aksakovo lawyer, Apriltsi lawyer, Asenovgrad lawyer, Avukat Bulgaristan, Aytos lawyer, Balchik lawyer, Bansko lawyer, Belene lawyer, Belogradchik lawyer, Beloslav lawyer, Berkovitsa lawyer, BG Lawyers, Blagoevgrad lawyer, Botevgrad lawyer, Bozhurishte lawyer, Breznik lawyer, Bulgaria, Bulgaria Best Lawyers, Bulgaria law company, Bulgaria Law Firms, Bulgaria Lawyers, Bulgaria Lawyers and Law Firms for Every City, Bulgarian Attorney, Bulgarian company lawyer, Bulgarian law advisor, Bulgarian Law specialist, Bulgarian lawyer, Bulgarian Lawyers & Solicitors | Law Firm in Sofia, Bulgarian legal advisor, Bulgarian solicitor, Bulgarian solicitors and lawyers, Bulgarian solictor, Bulgaristan avukat, bulgaristan avukatları, bulgaristan avukatlık, Bulgaristan Boşanma Tanıma Tenfiz, Bulgaristan Boşanma Tanıma Tenfiz Davası, Bulgaristan Bulgar hukuk firması. Gayrimenkul, bulgaristan hukuk bürosu, bulgaristan türk avukatlari, Bulgaristan'da Avukat Bürosu, Bulgaristan'da Hukuk, Burgas lawyer, Business Lawyers, Byala Slatina lawyer, challenging a will, challenging a will lawsuit, Chepelare lawyer, Cherven Bryag lawyer, Chirpan lawyer, close a company in Bulgaria, Closing down a Bulgarian company lawyer, closing the company holding your property, Closing up Bulgarian Company, Commercial Lawyer Liquidation company Bulgaria, company & liquidation lawyer Bulgaria, Company Dissolution and Liquidation in Bulgaria, company lawyer, Company liquidation Bulgaria lawyer, Company Liquidation lawyer, Company Liquidation Procedure and Process Bulgaria, Company liquidation procedure Bulgaria, company liquidation process, Company registration in Bulgaria, CORPORATE LEGAL SERVICES Bulgaria, Debelets lawyer, Devin lawyer, Devnya lawyer, Dimitrovgrad lawyer, Dissolving and Liquidating a company Bulgaria, Dobrich lawyer, Doing business in Bulgaria lawyer, Dolna Banya lawyer, Dolni Chiflik n lawyer, Dolni Dŭbnik lawyer, Dragoman lawyer, Dryanovo lawyer, Dulgopol lawyer, Dulovo lawyer, Dupnitsa lawyer, Elena lawyer, Elin Pelin lawyer, Elkhovo, Establishing Companies in Bulgaria company lawyer, Etropole lawyer, Foreign Investments in Bulgaria liquidation procedures, Gabrovo lawyer, General-Toshevo lawyer, Godech lawyer, Golden Sands Lawyer, Gorna Oryakhovitsa lawyer, Gotse Delchev lawyer, Gŭlŭbovo lawyer, Haskovo lawyer, How to Liquidate company in Bulgaria, Ichtiman lawyer, Inheritance, Insolvency & Liquidation Lawyer Bulgaria, Insolvency and Trustee Service lawyer Bulgaria, Isperich lawyer, Karlovo lawyer, Karnobat lawyer, Kavarna lawyer, Kazanlak lawyer, Kharmanli lawyer, Khisarya lawyer, Kostinbrod lawyer, Kotel lawyer, Kozloduy lawyer, Kresna lawyer, Krichim lawyer, Krumovgrad lawyer, Kubrat lawyer, Kurdzhali lawyer, Kyustendil lawyer, Law firm in Bulgaria, Law Firms for Every Practice Area, law of succession, lawsuit, Lawyer, Lawyer Bulgaria, lawyer Dissolving Bulgarian company, lawyer Knezha, Lawyer legal advice Liquidation of bulgarian company, Lawyer Liquidation company, Lawyer liquidation in Bulgaria, Lawyer Liquidation of bulgarian company, lawyer Sevlievo, lawyer Simitli, Lawyers, Lawyers Bulgaria, legal advices Bulgaria, Legal aid Bulgaria, Legal Services Bulgaria, Legal Services English Bulgaria, Levski lawyer, limited company liquidation lawyer Bulgaria, Liquidating a Bulgarian Company lawyer, Liquidating or winding up your company lawyer, liquidation in Bulgaria lawyer, Liquidation lawyer Bulgaria, liquidation lawyer in Sofia, Liquidation Lawyers in Bulgaria, Liquidation of bulgarian property company, LIQUIDATION OF COMPANY Bulgaria, Liquidation of firms in Bulgaria lawyer, Lom lawyer, Lovech lawyer, Lukovit lawyer, Lyaskovets lawyer, Lyubimets lawyer, Madan lawyer, Mezdra lawyer, Montana, Nedelino lawyer, Nesebar lawyer, Nikopol lawyer, Nova Zagora lawyer, Novi Pazar lawyer, Omurtag lawyer, Oryakhovo lawyer, Panagyurishte lawyer, Pavlikeni lawyer, Pazardzhik lawyer, Pernik lawyer, Perushtitsa lawyer, Peshter lawyer, Petrich lawyer, Pirdop lawyer, Pleven lawyer, Plovdiv lawyer, Polski Trŭmbesh lawyer, Pomorie lawyer, Popovo lawyer, powerplan company in liquidation Bulgaria, Pravets lawyer, property lawyer, Provadiya lawyer, Radnevo lawyer, Radomir lawyer, Rakitovo, Rakovski lawyer, Razgrad lawyer, Razlog lawyer, Re-registering a company in Bulgaria, Real Estate Bulgaria, Real Estate Lawyer Bulgaria, Register company in Bulgaria, Ruse lawyer, Samokov lawyer, Sandanski lawyer, Sapareva Banya lawyer, Septemvri lawyer, Set up BULGARIAN COMPANY, Shabla lawyer, Shumen lawyer, Silistra lawyer, Simeonovgrad lawyer, Sliven lawyer, Slivnitsa lawyer, Smolyan lawyer, Sofia, Sofia lawyer, Solicitor Bulgaria, Solicitors, Solicitors & Lawyers in Bulgaria, Solicitors Bansko, Sozopol lawyer, Sredets lawyer, Stamboliyski lawyer, Stara Zagora lawyer, Straldzha lawyer, Strazhitsa lawyer, Suedinenie lawyer, suing a company in liquidation Bulgaria, Sungurlare lawyer, Sveti Vlas lawyer, Svilengrad lawyer, Svishtov lawyer, Svoge lawyer, Targovishte lawyer, Tervel lawyer, Teteven lawyer, Topolovgrad lawyer, Troyan lawyer, Tryavna lawyer, Tsarevo lawyer, Tutrakan lawyer, Tvurditsa lawyer, Varna lawyer, Varna şehri, Veliki Preslav lawyer, Veliko Tŭrnovo lawyer, Velingrad lawyer, Vetovo lawyer, Vidin lawyer, Vratsa lawyer, Vulchedrum lawyer, Vŭrshets lawyer, Winding up Bulgarian limited company, Winding up your company Bulgaria lawyer, Yakoruda lawyer, Yambol, Zlatitsa lawyer, Zlatni Pyasatsi lawyer, Zlatograd lawyer
Category Legal advices