Contest a Will in Romania
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Joanne, really took the time to explain the process and the best way to fulfill our requests. She was very good at communicating timelines and what was to be expected. She worked quickly to make sure we completed our process.
Flavia Krause
28 Mar 2024
28 Mar 2024
Service Details
Contest a Will
This service is available across Romania
Who Is This Service For?
- This service is designed for individuals who believe they have a valid claim against the estate distribution outlined in a Will.
- It is particularly aimed at heirs who were unexpectedly omitted or received a lesser portion than anticipated, those questioning the mental capacity of the testator at the time the Will was made, or those suspecting the Will was made under undue influence or coercion.
Requirements
- Claimants must demonstrate a direct, legitimate interest in the estate.
- The contest must be based on grounds recognized by Romanian law, such as testamentary capacity, undue influence, or non-compliance with legal formalities as stipulated in the Romanian Civil Code (Codul Civil).
Process: Our Approach
- Initial Consultation: Review of the Will and the circumstances of its creation.
- Grounds for Contest: Identification of valid legal grounds for contesting the Will, referencing specific articles within the Romanian Civil Code that govern testamentary capacity and the validity of Wills.
- Gathering Evidence: Assistance in collecting evidence, including medical records, witness statements, and documentation that supports the claim, adhering to the procedural requirements outlined in the Civil Procedure Code (Codul de Procedură Civilă).
- Legal Filing: Preparation and filing of the contestation with the court, in compliance with the procedures specified in the Civil Procedure Code.
- Representation: Full legal representation throughout the court proceedings, ensuring adherence to all relevant legal standards and practices.
Benefits of this Service
- Expert Guidance: Our lawyers specialize in inheritance law and are well-versed in the specific articles of the Romanian Civil Code related to contesting a Will.
- Personalized Support: Compassionate, personalized support throughout the emotionally complex process of contesting a Will.
- Strategic Representation: Strategic legal approaches to maximize the chances of success, leveraging our deep understanding of Romanian inheritance law.
Key Elements of this Service
- Detailed analysis of the Will's validity and the testator's intentions against the backdrop of the Romanian Civil Code.
- Expert navigation through the complexities of contesting a Will in Romania, emphasizing procedural and substantive legal requirements.
- Comprehensive representation from initial filing to resolution, with a focus on the Civil Procedure Code's mandates.
Useful Information
- Romanian inheritance law, specifically the Romanian Civil Code, outlines the grounds and procedures for contesting a Will, including the need to demonstrate the testator's lack of mental capacity, undue influence, or procedural errors during the Will's creation.
- Holographic (handwritten) and mystic (secret) Wills have unique challenges and legal requirements for contestation.
- For instance, holographic Wills require proof of the testator's handwriting and mental capacity, while mystic Wills must adhere to strict formalities, such as being sealed and officially presented to a judge
Free Support Services Included
When combined with the free and innovative Advocate Abroad support services you can be sure that you are obtaining completely transparent legal services from registered and regulated English-speaking lawyers abroad.These support services include:
- Verification of the regulatory status of your professional.
- Fees as recommended by the Local Professional Body
- Fees specified in advance and legally guaranteed.
- Service levels agreed in advance and guaranteed.
- All professionals must hold professional indemnity insurance.
- Professionals' proficiency in English monitored.
- Continuous quality controls and reviews.
Why choose Advocate Abroad?
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