When a will can be contested: grounds and deadlines

Many people assume a will is an absolute, unchangeable declaration of the deceased’s wishes. In practice, however, a will can be challenged in court when specific legal grounds exist — for example a forged signature, lack of testamentary capacity, coercion, fraud or formal defects in how the document was made.

Two legal categories: nullity and voidability

Legal systems distinguish between a will that is null (has never had legal effect) and one that is voidable (valid until a court annuls it). A null will is treated as if it never existed; a voidable will produces legal effects until a final court decision cancels it. This distinction matters because it changes how the estate is handled while litigation is pending.

Courts may declare a will null if the testator lacked the legal capacity to make a will or did not meet minimum age requirements, if the signature is proven forged, or if the content of the will violates law, public order or good morals. Formal requirements also matter: a will that should have been witnessed, notarized or made by a judge may be invalid if those formalities were not observed.

One of the most frequent grounds for contesting a will is lack of testamentary capacity. Heirs often allege the deceased suffered from dementia, Alzheimer’s disease or other serious psychiatric or neurological disorders and thus could not understand the nature and consequences of their decisions. In such disputes, courts typically order medical expert opinions and examine the deceased’s medical records to establish whether the testator had the mental ability to decide when the will was signed.

Challenges also arise when there is evidence the testator acted under duress, threats, deception or undue influence. If the court concludes the deceased did not express their final will freely and knowingly, the will can be annulled.

Not everyone may bring a challenge: only persons with a direct legal interest can sue. Those entitled by law to inherit if there were no will, and those who claim their compulsory (necessary) share was violated, typically have standing — commonly children, a spouse, parents and other statutory heirs.

Deadlines are important. According to the rules set out in Serbian legislation, in the case of a voidable will a lawsuit may be filed within one year from the day the heir learned of the reason for contestation, and at the latest within ten years from the proclamation of the will. Missing these time limits can extinguish the right to challenge.

Because many disputes center on capacity, authenticity of signatures or procedural errors, legal experts recommend drafting wills with professional legal and notarial assistance to reduce the risk of future litigation and to increase legal certainty for heirs.

Note: This text was translated from Serbian and concerns legal rules in Serbia. For publication or guidance in North Macedonia, verification of deadlines, minimum age and grounds for nullity must be carried out against the North Macedonian Law on Inheritance.

Photo: press material from the event