Deed of gift or a will, what can't be disputed

Sooner or later, everyone faces the need to transfer property to third parties. Such transactions with property are made by gift or bequest. The most important thing when drawing up documents is the correct design in order to minimize the risks of their challenge and cancellation.

What is the difference between a gift and a will
The difference between a will and a gift is that the first document expresses the posthumous will of a person, and the second – the lifetime will. In the first case, the property becomes the property of third parties only after the death of its owner, and in the second – during the life of the donor. In both cases, both the donor and the testator independently indicate to whom they transfer the property.

What can't be disputed, a gift or a will

In principle, both the will and the gift agreement can be challenged and canceled in court. It should be added that a gift can be challenged in more cases than a will.

A donation can be challenged if it is confirmed in court that: at the time the document was issued the donor was incapacitated and did not realize the significance of his actions; the donor was somehow forced to sign the document; the person signed the deed of gift after being deceived or misled about the consequences of its execution; the content of the document contains points that contradict the norms of the current legislation; the donation was not legally registered, as some cases require; the donor's spouse did not consent to the document being issued; the donor did not have the right to transfer the property as a gift; the transaction was bogus; after signing the donation agreement, the donor has become bankrupt and needs the previously donated property.

A will may be challenged and declared invalid if: there are doubts about the authenticity of the testator's signature; the testator signed the document under duress; the testator was in a state of insanity and was not aware of the actions he was taking.

It should be noted that the possibility of challenging any document depends on the nuances that are described in the legislation of the Russian Federation.

Processes for challenging a will or donation are always very complex, since the circumstances of their registration can be evaluated by the court ambiguously. In any case, such cases should be accompanied by experienced lawyers.