Restriction of the right to challenge a notarized will

Barinov Andrei Viktorovich, Kuznetsova Natalia Aleksandrovna, Matveeva Tamara Pavlovna

The article analyzes the issues of challenging a notarized will and recognizing it as invalid on the basis of an analysis of the norms of civil legislation, scientific works and judicial practice. The paper summarizes the peculiarities of the consideration of civil cases by the courts on the requirements for recognizing a will as invalid due to a flaw of will. The problems associated with the consideration of this category of cases by the courts, according to the authors, are associated with the contradiction of the norms of civil legislation regulating the invalidity of the will, in terms of unlimited possibilities for challenging it. Based on the results of the study, proposals were formulated to improve the norms of civil legislation on the invalidity of a will.

Keywords:notarized will, invalidity of a will, legal capacity of a testator, a defect of the will, attestation of a will, notary.