My late father left a will but completely disinherited me. What do we do?

After the death of the deceased and in the case where a will was drawn up, one must contact the Registrar of Inheritance Affairs and submit an application for a will enforcement order, so that an order can be issued approving the distribution of the estate in accordance with the will.

Upon submission of the application, the Registrar must publish in the press the fact of the submission of the application, so that any person who may object to the application can contact him with an appropriate objection.

What can you do if you discover that the will that was filed deprives you of your rights - all or some of them? How will you prove that the deceased was forced to sign a will that he did not understand and/or did not want? And how can the will be revoked?

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According to the Inheritance Law, after the application is published, any interested person can file an objection to the order to execute the will.

Therefore, it is of utmost importance to file the objection as soon as you learn of the filing of the application. If you delay in filing this application, you may discover that an order for the will to be executed has already been issued, and then revoking it will be much more difficult.

How should the objection be submitted?

The objection must be in writing, accompanied by an affidavit, and submitted in as many copies as there are parties to the case, with an additional copy to the court.

Yes, it should include:

1. Details of the reasons for the objection, as well as all the documents on which you rely. For example, if you believe that the deceased was not lucid - you must attach medical documents regarding his condition at the time the will was made. If he had a guardian - you must attach this document, to prove that he was not competent to make a will.
2. Affidavit verified before a lawyer.
3. Paid payment vouchers indicating that a fee has been duly paid.
4. Power of attorney, if you are represented by a lawyer.

 It is important to state in the request all the reasons for invalidating the will, such as if the deceased was not lucid, if he had a cognitive problem, if pressure or undue influence was exerted on him, and so on.

Since we are dealing with a relatively complicated issue and many legal provisions, it is highly advisable to be represented by an attorney who specializes in the field.

What happens after filing the objection?

After an objection has been filed that meets the requirements of Section C, the case will be transferred by the Registrar of Inheritance to the Family Court in that area.

The court will hear the case and decide whether to uphold the objection and thereby annul the will, or to reject the objection and uphold the will - all based on the facts and evidence presented to it.

Nothing in this article is intended to replace individual legal advice, and each case must be examined on its own merits. Reliance on the information is the sole responsibility of the user.

For inquiries and questions, please contact us by email: [email protected]

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