Invalidation of a will dispute


An heir of the 1st line to inherit brought a claim to court, challenging a will drawn up by the testator at a notary’s office in respect of another heir of the 1st line to inherit. In support of his claims, the plaintiff stated that the testator at the time of making the will could not give an account of his actions and direct them, i.e. he was legally incapable.


The Infralex team represented the interests of the defendant in court. In the course of consideration of the case, Infralex lawyers presented the court with numerous evidence of the fact that the testator was legally capable at the time of making the will, since he had made other civil law transactions during the legally significant period of time, and that during his lifetime he was a highly educated, active and sociable person with a broad outlook and an interest in art. A posthumous forensic psychiatric examination was conducted in the case at the V.P. Serbsky National Medical Research Centre for Psychiatry and Narcology, which fully confirmed the testator’s legal capacity at the time of making the will.


The court dismissed the plaintiff’s claim, thus confirming the validity of the will executed by the testator.