Inheritance by the will to an heir can have certain restrictions/specifics. The absence of states with which the testator associates the transfer of the right to property to heirs will not be a reason for a notary to refuse to issue a certificate of inheritance. Plus, the testator must understand that he dooms all his heirs to lengthy and exhausting litigation by including such conditions. It would be best to remember that a will is a total transaction, and it is impossible to make the receipt of an inheritance dependent on the occurrence or non-occurrence of circumstances.
Can a Person Making a Will Somehow Insure and Protect His Last Will?
The weak point of wills is that their validity is checked only after the testator’s death. Heirs not mentioned in the will by the testator after death often try to prove that the deceased was very ill when they drew up the will. Or was so old that he did not understand the meaning of his actions, did not give an account, or understood the consequences of making a will on the persons indicated in it. Judicial practice on this issue is very contradictory. The court’s decision depends primarily on the results of the post-mortem psychiatric examination of the deceased testator. Not all age-related changes and diseases (including mental and oncological), as well as the fact that the testator has used drugs (including painkillers), testify to the testator’s lack of understanding of their actions and the ability to manage them on the day the will is drawn up concerning their property.
Can the Courts Invalidate the Wills People Are Now Making in Fear of the Coronavirus?
The unstable epidemiological situation is not a reason to challenge the wills made during the pandemic. On the contrary, you should recognize such actions as reasonable and justified. If the testator later changes his mind, he can change the will by drawing up a new one or cancel the will by drawing up an order to cancel it.
If there is a Will that Doesn’t Indicate The Heir by Law, What Measures Can He Take to Get His Share Still?
The testator is free in the orders made by him in the will. The law on an obligatory share in the inheritance, which may be claimed by the testator’s minor or disabled children, his disabled spouse, parents, and disabled dependents, restricts such freedom. These individuals’ shares are equal to or greater than half of the portion that would be due if they were to inherit by law. If the legal heir does not fall into one of these categories, he loses his right to inherit. Of course, such an heir has the right to file a claim with the court to declare the will void, but you should remember that it is tough to invalidate the will.
How Can a Testator be Guaranteed to Disinherit a Heir Who, for Some Reason, Does Not Like Him?
The testator may specify in the will that he disinherits certain heirs. In this case, such an order can only exhaust the will. The law states the corresponding order, and all heirs will be called to inherit, except the heir deprived of the inheritance by the testator. In disinheritance, heirs will inherit at least half of the share they could have received without a will. However, this rule does not apply to heirs entitled to a compulsory share.
Can a Testator Bequeath Specific Portions of Property to Specific Heirs?
It can, subject to the requirements for a mandatory share and considering the need to allocate a spousal share. The spouses can immediately determine and distribute the property regime among the heirs. The possibility of a joint will offset the requirement to give a marital percentage.
About Complete Controller® – America’s Bookkeeping Experts Complete Controller is the Nation’s Leader in virtual bookkeeping, providing service to businesses and households alike. Utilizing Complete Controller’s technology, clients gain access to a cloud platform where their QuickBooks™️ file, critical financial documents, and back-office tools are hosted in an efficient SSO environment. Complete Controller’s team of certified US-based accounting professionals provide bookkeeping, record storage, performance reporting, and controller services including training, cash-flow management, budgeting and forecasting, process and controls advisement, and bill-pay. With flat-rate service plans, Complete Controller is the most cost-effective expert accounting solution for business, family-office, trusts, and households of any size or complexity.
