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Title: Invalidity - nullity or contestability
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Published: Apr 17, 2021
Author: Advokat Andersen
Post Date: 2021-04-17 07:13:59 by 3advokattilbud
Keywords: quotes, free, tilbud, gratis
Views: 17

Testament The testator who wishes to have a different relationship with the surviving assets than that which follows from the legal rules of inheritance, can decide on this by will. Creating a will differs from mutually onerous agreements in several ways; especially in that the disposition is usually a one-sided disposition that only becomes significant when the testator has passed away. Therefore, the Inheritance Act contains special rules with regard to the testator's impartiality, the form, interpretation and content of the will, the testamentary competence, just as there are special rules on invalidity. A will can be changed by the testator creating a new will or an addendum to the will. Revocation of a will can only take place in the form of a will according to the Inheritance Act of 2007. Furthermore, a beneficiary can be placed in a life insurance policy without observing the will rules.

Invalidity - nullity or contestability A will that does not meet the requirements of a valid will can be declared invalid. Section 79 of the Inheritance Act contains a rule according to which an objection to the validity of a will can be made by anyone who wants to inherit if the will is declared invalid. Often a will can be used as a basis for the change, even if it does not meet all the requirements for validity, as long as no objection is raised against it; the will is disputable. If a will is in conflict with public interests or with the rights of third parties, it will most often have to be considered a nullity; i.e. that it can not form the basis of the shift. In the case of more serious deficiencies, there may also be an effect of nullity, eg in the case of just a draft will.

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