The term of contesting inheritance in Belarus
The challenge of inheritance in Belarus consists in invalidating inheritance documents, returning illegally obtained property, removing the heir from inheritance, etc.
Certificates of inheritance, wills made by an incapacitated citizen or in other cases, as well as other documents related to the inheritance case may be declared invalid.
The deadline for challenging the inheritance should be calculated no earlier than six months after the death of the testator. During these six months, all heirs are called upon to inherit and receive certificates of inheritance, which can later be challenged.
The maximum period for challenging the inheritance is equal to the statute of limitations, and, in most cases, is three years from the date of violation of the right of the person concerned.
Contesting inheritance by law
A legal challenge to the inheritance may take place if a close relative of the deceased who received the inheritance becomes an unworthy heir. Persons who have the right to apply to the court with a claim for recognition of the heir as unworthy are those for whom the death of the testator entails property consequences.
Persons who have received an inheritance are recognized as unworthy heirs in the following cases:
– if they intentionally took the life of the testator or made an attempt on his life (however, the testator can “forgive” the assailant and write a will in his favor after the attempt on his life – then the heir is called to inherit);
– parents deprived of parental rights and not restored to them after the death of their children;
– persons who intentionally and unlawfully contributed to the drafting of a will in their favor or otherwise prevented legitimate heirs from receiving inherited property;
– persons who maliciously evaded the maintenance of the testator, if by law they were obliged to maintain him.
Challenging the inheritance by law is also possible if the heir who has the right to inheritance, or to a mandatory share in the inheritance, has not received it. In such cases, it is possible to challenge the certificate of inheritance issued by a notary.
Contesting inheritance by will
Heirs who disagree with the order of inheritance distribution may, if there is sufficient evidence, challenge the will drawn up by the testator.
A will is a document containing a person’s free expression of will about the fate of their property in the event of death. If the expression of will was not free and voluntary, the will may be declared invalid. A will is also invalidated if it was drawn up at a time when a person did not understand the meaning of his actions and did not direct them.
A will may be declared invalid only in court upon the claim of persons who have property claims against the recipient of the inheritance. In other words, a claim for invalidation of a will may be filed by persons to whom the death of the testator may have property consequences.
Thus, a will may be challenged if it was drawn up under threat, pressure, psychological or physical violence, by deception or abuse of the testator’s trust. However, such facts must be supported by convincing evidence. The evidence may include the conclusion of a post-mortem forensic psychiatric examination, as well as witness statements, written evidence.
If the will is declared invalid by the court, everything received by the illegitimate heir is subject to return and transfer to the legitimate heirs (most often, these are close relatives of the deceased).
Challenging the certificate of inheritance
A certificate of inheritance is a document confirming a person’s right to inherit after the deceased and is the basis for the state registration of such a right.
The certificate of inheritance is issued by a notary, it is stamped, signed and certified by a notary. The document is subject to registration in the register of notarial acts and is assigned a serial number.
The certificate of inheritance right may be declared invalid by the court in the case of:
– recognition of the heir as unworthy;
– failure to receive an inheritance by a person entitled to a mandatory share in the inheritance;
– recognition of the will as invalid;
– wrongly calculated shares in the inherited property;
– forgery of documents provided to the notary;
– in other cases.
A claim to challenge the inheritance
Inheritance disputes are considered by the court. Heirs who disagree with the distribution of inherited property must file a statement of claim with the court at the defendant’s place of residence.
The claim for contesting the inheritance indicates:
– data of the plaintiff (surname, first name, patronymic, place of residence, contact details);
– degree of kinship with the deceased, date of death;
– data on the inheritance case and the certificate of inheritance (number of the inheritance case, data of the notary who conducted it, etc.);
– the actual requirement (on the recognition of the will as invalid, on the recognition of the certificate of inheritance as invalid, on the recognition of the right to a mandatory share in the inheritance, etc.);
– the evidence referred to by the plaintiff;
– the signature of the plaintiff and the date of the claim.
The statement of claim is accompanied by:
– a copy of it for the defendant;
– the testator’s death certificate;
– documents of kinship with the deceased;
– the document in respect of which the dispute will be considered;
– other written materials relevant to the case.
Our lawyers have been dealing with inheritance issues in the Republic of Belarus for more than 10 (ten) years. If you have questions related to inheritance in Belarus and you need help or legal advice, please contact our lawyers by e-mail: info@inheritancelaw.by or by phone: +375293664477.
