Grounds for Invalidation of a Will

Grounds for Invalidation of a Will

Individuals are the owners of their property and are entitled to dispose of it as they wish during their lifetime. Under the law, individuals may determine the disposition of their property after death and transfer it to others through a will. After death, a person’s authority over their estate becomes limited, and the testator may only dispose of up to one-third of their estate through a will.

Following the death of a person, heirs must refer to the will, if one exists, to determine the status of the deceased’s assets and obligations. However, there are circumstances in which a will may be deemed ineffective or invalid.

In some cases, the testator may include provisions in the will that the heirs are unwilling to carry out or may transfer property to third parties in a manner that causes dissatisfaction among the heirs. In such situations, heirs are entitled to object. In certain cases, the provisions of the will may be unlawful or illegitimate, giving rise to grounds for invalidation of the will or for filing a claim seeking its annulment by the heirs or other interested parties.

Grounds for Invalidation of a Will Under Iranian Law

Invalidation of a Will

Certain substantive and fundamental principles must be observed when drafting a will. One of the essential legal rules governing wills is that the testator may only decide upon one-third of their estate. Failure to comply with these rules may result in disputes among heirs or beneficiaries after the testator’s death and may lead to objections against the provisions of the will.

If heirs object to a will or claim that its provisions are unlawful or illegitimate, they must present evidence supporting their claim. As a general rule, wills are presumed valid and enforceable unless proven otherwise. Any claim challenging the validity of a will must therefore be substantiated with sufficient proof.

Disinheritance of Heirs in a Will

Depriving children of inheritance through a will is not legally permissible. No parent may disinherit their children under any circumstances, even in cases involving criminal conduct or substance abuse. Any provision in a will purporting to disinherit children is invalid and unenforceable.

Grounds for Invalidation of a Will

A will must comply with applicable legal rules and principles. Failure to comply with these requirements may give rise to disputes among heirs or beneficiaries and may ultimately result in the will’s invalidity. The following circumstances constitute grounds for invalidation:

• If the testator disinherits one or more heirs in the will, the will shall be invalid.
• If the testator commits suicide after drafting the will, the will shall be invalid.
• If the testator lacks legal capacity, the will drafted by them shall be invalid, as a will is a legal act with legal consequences and requires capacity.
• If the testator makes a will regarding seized or legally restricted property, the will shall be invalid.
• If the will is made with the intention of evading payment of debts, it shall be invalid.
• If there is proof that the testator revoked the will, the will shall be invalid.
• If the testator has executed two contradictory wills, both will be invalid.
• If the will relates to an unlawful act, the will shall be invalid.
• If the testator disposes of more than one-third of the estate without the consent of the heirs, the will shall be invalid in the absence of such consent.

Formal Requirements for Drafting a Valid Will

To avoid invalidation, a will must comply with specific formal requirements. Failure to observe these formalities may result in invalidity, including the following cases:

• If a confidential will is drafted and the testator’s illiteracy is established, the will shall be invalid.
• If the content of the will does not correspond with the testator’s signature, handwriting, or official seal, the will shall be invalid.
• If the will is forged, the heirs must prove the forgery to invalidate it.

Procedure for Challenging a Will

If heirs or other interested parties object to a will, they must file a legal claim seeking invalidation of the will through the competent judicial service offices. The claimant must present all supporting evidence and documentation during court proceedings. Jurisdiction over such claims lies with the court in the area where the testator last resided.

Frequently Asked Questions Regarding Grounds for Invalidation of a Will