Ways of recognizing a will as invalid and its legal consequences
The article discusses the rules for the preparation and execution of a will, presents cases in which a will is declared invalid, and identifies persons related to unworthy heirs. The legal consequences of recognizing a will as invalid are described. Judicial practice is considered, problems in the field of inheritance are identified, methods are recommended for improving legislation in the field of inheritance issues. It is proposed to improve the legislation by supplementing its regulation with additional institutions to ensure the validity of the will. Such proposals are as follows: to create an online database of court decisions containing documents that speak of the recognition of citizens as incapacitated and provide access to this database to notaries; allow the presence of a psychiatrist at the notarization of the will, which will simplify the process of the need for a psychiatric examination in the future, when such a need arises. The directions for improving the legislation in the field of inheritance proposed by the authors of the study will help create a guarantee to the testator in the execution of his last will. Thus, the appeals of dishonest heirs with demands for the recognition of the will as invalid will be deprived of the opportunity to exist. Also, these proposed measures will help reduce the workload of courts when considering such cases and increase the presumption of reliability of notarial documents.