Statement of claim for invalidation of the inheritance certificate
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The Law and Law Law Firm draws your attention to the fact that this document is basic and does not always meet the requirements of a specific situation. Our lawyers are ready to assist you with legal advice and drafting any legal document that suits your situation. For more information, please contact a Lawyer/Lawyer by phone; +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
Bostandyk District Court
cities of Almaty
The plaintiff:
Plaintiff's representative on the warrant and power of attorney:
The defendant:
Interested person:
A.M.S.
Born on 19.01.1985
IIN …
Almaty, Rozybakieva, ..
Contact phone: 87005…
Representative Lawyer of Law Firm No. 6 AGCA
Sarzhanov G.T.
Almaty, Bukhar zhyrau, 64, office 15.
+ 7 (708) 578 57 58.
H.D.Valerievich
Born on 01/22/1975
IIN ..
Rozybakieva, ..
Notary of Almaty And..A.A.
Auezova, …
Contact phone: 330....
Statement of claim
(on the invalidation of the will and the certificate of inheritance)
On January 20, 2018, A.S.Magomedovich (hereinafter referred to as the testator, testator) died suddenly. The plaintiff A.S.Magomedovich was (was) the father. The inheritance included the following property: 2-room apartment located at 188 R. Street, Almaty, apartment 11 and a plot of land with a residential building in the cottage cooperative "S.", Almaty region, village of B., plot No. 182.
On June 30, 2018, at the place where the inheritance was opened, the plaintiff applied to notary I. A.A. with an application for a certificate of inheritance, where it turned out that the notary had a will on behalf of the testator, dated January 10, 2018, according to which the property listed above was bequeathed in favor of the Defendant.
This will took precedence over my legal rights as heir, and on June 23, 2018, a notary issued a certificate of inheritance to the Defendant.
We consider the said will and the Certificate of Inheritance in the name of the Defendant to be invalid on the following grounds:
According to Part 3 of Article 1 of the Civil Code of the Republic of Kazakhstan (special part) The will must be signed by the testator himself. If the testator is unable to sign the will with his own hand due to physical disabilities, illness or illiteracy, it may, at his request, be signed in the presence of a notary or other person certifying the will by another citizen, indicating the reasons why the testator could not sign the will with his own hand.
Firstly, the contested will states that ASM cannot sign for health reasons, and at his personal request, the will was signed by H.D. Valeryevich, who lives at 190-2 R., and a certificate of inheritance was issued in his name.
Meanwhile, the testator was a physically healthy and educated person, and his health never deteriorated so much that he could not personally sign the document. This fact is confirmed by an extract from the testator's medical book.
Secondly, when drawing up and certifying a will, the reasons why the testator could not sign the will with his own hand are not indicated. The law requires you to specify a specific reason that prevents you from signing a will with your own hand. The phrase “for health reasons” is not an indication of the cause.
Thus, the will on behalf of the AFM was drawn up in violation of the requirements of the norms of civil legislation.
By virtue of Part 2 of Article 157 of the Civil Code of the Republic of Kazakhstan, a transaction is considered invalid if the requirements for the form, content and participants of the transaction, as well as for the freedom of their will, are violated on the grounds established by this Code or other legislative acts.
For the reasons set out above and by virtue of paragraph 1 of Article 158 of the Civil Code of the Republic of Kazakhstan, a will made on behalf of the testator is invalid.
Consequently, the certificate of inheritance dated June 23, 2018, issued under this will to the defendant by a notary and AA, is also invalid.
In accordance with Part 1 of Article 1061 of the Civil Code of the Republic of Kazakhstan, first of all, the testator's children, including those born alive after his death, as well as the testator's spouse and parents, receive equal shares of inheritance by law.
1061 of the Civil Code of the Republic of Kazakhstan, the plaintiff is the sole heir, the testator has no other heirs, since the testator's spouse died in 2015.
Based on the above, and in accordance with paragraph 2 of art.157, paragraph 1 of art.158, paragraphs 1,3 of art.1050, art.1061 of the Civil Code of the Republic of Kazakhstan and Articles 148-149 of the CPC RK,
P R O W U:
To invalidate the will made on behalf of H.V. and certified on January 10, 2018 by the notary of IA.A., as well as the certificate dated June 23, 2018 on the right to inheritance under the will, issued in the name of H.V.V.
To recognize for me, as the heir according to the law, the right of ownership of the estate: 2-room apartment located at 188 R street, Almaty, apartment 11 and a plot of land with a residential building in the country cooperative "C", Almaty region, village B, plot No. 182;
Collect the costs of paying the state fee from the defendant;
Application:
receipt of payment of state duty;
a copy of the identity card;
a copy of the death certificate;
a copy of the will;
a copy of the inheritance certificate;
power of attorney for a representative;
The original warrant for a representative;
With respect,
Lawyer: ________________/Sarzhanov G.T.
"___"___________2019 the year
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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