A will can be challenged even after the testator’s death. However, not every heir, and not every situation, gives the right to do so. Success depends on the grounds, evidence, and whether the legal requirements were followed when the document was drawn up.
Contents:
What a will is and why conflicts arise
Can a will be challenged after death
Who has the right to challenge
Grounds for declaring a will invalid
How to check if a will is valid
What court practice shows
How to reduce the risk of a will being challenged
What a will is and why conflicts arise
A will is a written declaration of a person’s wishes regarding the distribution of property after death. The law allows property to be left to anyone, regardless of family ties. That’s why disputes among relatives often arise after the inheritance is opened.
For more details on related inheritance actions, see the notarial services section.
Can a will be challenged after death
Yes, a will can only be contested after the testator’s death. While alive, a will has no legal effect on heirs, so there is no basis for dispute.
The law assumes that the deceased’s wishes are the priority. Declaring a will invalid is an exception, not the rule.
Who has the right to challenge a will
A will can only be challenged by those whose inheritance rights have been violated. Most often, these are:
- legal heirs (children, parents, spouse)
- persons entitled to a mandatory share
- heirs under previous wills
- persons in whose favor a testamentary gift was made
Important: not every relative automatically has the right to challenge.
Grounds for declaring a will invalid
The court considers only legal arguments. The main grounds for invalidity are:
- the testator did not understand the significance of their actions (illness, mental condition)
- the will was made under pressure, fraud, or threats
- the form or procedure for making the will was violated
- the rights of mandatory heirs were violated
Without evidence, challenging a will is practically impossible.
How to check if a will is valid
Checking the validity of a will is essential before taking any action. Usually, they verify:
- whether a later will exists
- whether the written form was followed
- whether the testator was competent
- whether the document was revoked during the testator’s lifetime
Often, it is at this stage that it becomes clear whether going to court is reasonable.
Time limits for challenging
A claim to declare a will invalid must be filed within three years from the moment a person learned or could have learned about the violation of their rights. Missing the deadline makes the case much more difficult.
What court practice shows
Court practice shows:
- cases are only won with strong evidence
- the fact that property was left to a non-relative is not grounds for cancellation
- the most convincing evidence includes medical documents and expert reports
How to reduce the risk of a will being challenged
It’s impossible to completely eliminate the risk, but it can be significantly reduced:
- clearly formulate the testator’s wishes
- consider the rights of mandatory heirs
- record the awareness of decisions
- obtain legal advice in advance
Practice shows that a well-prepared document drastically reduces the number of disputes.
A will is a tool to protect a person’s wishes, but it is also one of the most common causes of legal conflicts. Understanding who can challenge a will after death and how to avoid it helps protect both property and the peace of mind of loved ones.
If you have questions about inheritance or doubts about a document’s validity, it’s best to start with a consultation. Visit the contacts page to choose a convenient format for a notary consultation.
19.03.2026
