1. What does it mean to challenge a will?
Challenging a will refers to challenging it through the courts. This need arises when someone believes that the document does not truly reflect the will of the deceased or that it was drawn up under illegal conditions. The process can be complex and faces difficulties in proving certain situations that were the basis for the legality of that will. For example, it can be invoked that the testator did not have the necessary discernment at the time of drawing up the will or that he was subject to influences from those who had a stake in it. These are just a few examples of legal reasons, which we will discuss below.
2. Legal grounds for contesting the will
For a will to be revoked, there must be good reasons. Here are some of the most common legal reasons:
- Lack of discernment – Sometimes, due to age or health, the person who left the will did not have the mental capacity to understand its implications at the time of writing. If there are suspicions about their mental health or a medical history that demonstrates certain conditions, evidence of this can be provided.
- The vice of consent – When contesting a will, a central aspect is evaluation the testator's consent. According to article 1206 of the Civil Code, consent is vicious when it is given from error, surprised by fraud, snatched by violence or in case Each of these situations may constitute a valid reason for challenging the validity of the will.
- Consent tainted by error
Error refers to a wrong perception on some essential aspects of the act of willIn the case of a will, an error may arise if the testator had a misunderstanding regarding the identity of the beneficiaries, the nature or value of the assets transmitted. For the error to constitute a ground for valid of contestation, it must be essential and have directly influenced the testator's intention at the time of drawing up the will.
- Consent tainted by fraud
Fraud is manifested by misleading the testator through fraudulent means, with the aim of obtaining a certain benefit. mood testamentary. Fraud can be exercised by a person who has a direct interest in the inheritance and influences the testator to include certain clauses in his favor or fails to inform the testator of circumstances that he should have disclosed to him. Examples of fraud include concealing information about the existence of heirs or presenting false data about the beneficiaries or the situation of the assets. If fraud can be proven, the will can be annulled with success.
In testamentary matters, fraud can appear in the form of captuation or suggestion, manifesting itself through various impermissible influences on the testator. Capturation involves the use of deceptive maneuvers to deceive the testator and induce him to offer an inheritance that he would not naturally have chosen to do. Suggestion, on the other hand part, consists of subtle tactics or illegitimate influences to plant in the mind of the testator the idea of leaving an inheritance to a person, an idea that he would not have had spontaneously. These manipulative methods are considered vices of consent and can serve as a basis for contesting the will.
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- Consent tainted by violence
Violence, in context The vice of consent is not limited to physical coercion, but also includes psychological or moral pressure exerted on the testator. If it is proven that the testator was forced, by threats or intimidation, to draw up the will against his real will, it can be declared null and void. The violence must be intense enough to affect the testator's free will.
3. When and where can the will be contested?
The will can be challenged for the defects of consent described above within a period of 3 years. In the case of absolute nullity of the will, it can be challenged at any time. Of custom, ADVOCATE determines which court is competent and where the action to challenge the will can be filed. He can also help with obtaining missing supporting documents and developing a strategy to grow the chances of success.
