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Friday, June 2, 2023

He promised to bequeath everything to his relatives, but he deceived: the lawyer explained what to do in this case

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Unfortunately, it is not uncommon when a single owner of an apartment or house has been living with relatives for decades, assures that they are his closest relatives, and makes a will for another, deceiving for years. lawyer Roman Simutin.

“The grandfather and the children of his deceased brother with their grandchildren lived in the house for more than ten years. Everything was fine, he always repeated that you are my relatives, except for you, I have no one, I will leave everything to you in my will. After his death in 2022, they buried him, served 40 days and went to the notary. Indeed, it turned out that grandfather left a will back in 2016, but of a different person, whom he never mentioned. The deceived and shocked relatives asked themselves why he did this and to whom he copied everything.

Honestly, experience affects, so it didn’t take long to find out. One of my questions was about the sins of youth - perhaps this is his son? But the granddaughter objected that the surname did not match. I clarified: what about that patronymic heir? And then the silence of the relatives: hit the bull’s-eye. Recognizing a will as invalid is very difficult. It is necessary to study all the conditions under which it was concluded, but in this situation it was impossible. The only option left was time.

Regardless of whether there is a will or not, there are terms for accepting the inheritance - 6 months from the date of death. If the son does not appear within the specified period, he will lose the right to inherit by will and the property can be transferred to the next of kin. The chances are small, but there are. If this happens, then the son will already prove in court why he missed the deadline for accepting the inheritance and whether he had good reasons.

According to the lawyer, the fact is that a will can be drawn up by 10 notaries at once. And then - cancel, change and conclude a new one at least every day, but the last one will be valid, or if two wills do not contradict each other.

There are no absolutely working recommendations on how to prevent this, because the human factor and the decency of the testator play a role here. Even if you have a copy of the will in your name in your hands and it says in bold letters that the testator did not conclude other wills, this still does not mean anything.“.

Previously published expert advice on how to inherit during the war.

Author: Victoria MIKITYUK

Source: Fakty

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