In the case of Karpavičius, more details are clarified: there was another will

For some time, the courts have been fighting for the legacy of the millionaire businessman R. Karpavičius. Just over a year ago, the businessman’s son, Rokas Karpis, went to court, saying he did not agree with his father’s will and questioned the last will he had signed, asking the court to declare it invalid. In a will signed by a millionaire on March 5, 2019, it was decided to leave all assets to his brother Henrik Karpavičius and his second wife, Aista Karpavičienė.

However, it turns out that even before this will was made, the employer had written his estate to only one person. Delfi was able to obtain a copy of the document.

The will signed on November 20, 2018 establishes that all property is left to the brother of businessman Henrik Karpavičius, but neither his ex-wife Audronė Karpavičienė nor his son Rokas Karpis is mentioned, as in the first.

“I leave all movable and immovable property of my property, all property rights and all other assets, wherever and whenever happens, to Henrik Karpavičius”, reads a will made in 2018, in which R. Karpavičius signs.

Delfi asked his lawyer Artur Jušinski if the son of businessman Rokas Karpis, who disputes the last will, was also aware of the pre-existing will.

“We are only aware of the fact of making the will on November 20, 2018, but for the sake of confidentiality, we do not know the content of the will to whom that property is left.

In principle, until it is disclosed in accordance with the law, we cannot know the content. Second, from the beginning of the case, the court has declared that the file is not public, to speak specifically of the succession case. We respect the court’s decision and do not publish the case materials without the court’s permission, “commented R. Karpis’s attorney.

The editorial board also contacted the businessman’s brother, Henrik Karpavičius, but he declined to comment on the situation.

The lawyer and partner of the law firm Žiemelis, Valys, Rugys and partners Karolis Rugys explained to the editorial board that when a common person makes a new will, the old one is no longer valid, but there are exceptions.

“Article 5.35 of the CC provides that the testator has the right to modify, supplement or revoke a will made at any time by means of a new testament, or not to do so (paragraph 1); a later will nullifies all or part of the earlier will that conflicts with the later will (paragraph 2); The testator may also revoke the formal will by filing a request with the custodian of the will or with the body that approved the will. The request must certify the testator’s signature in accordance with the procedure established by law (Paragraph 3).

In accordance with article 5.17 (1) of the CC, an action for annulment of a will or its separate parts can only be filed by other heirs according to the law or by a will that would inherit if the will or its separate parts were declared invalid .

In accordance with paragraph 2 of this article, the nullity of a later will does not invalidate the earlier will, unless the later will is invalidated by reason of actual violence or threat, or by a person declared incapable by the court in this area or by a limited factor. this area.

Thus, a will is a personal, unilateral, written transaction, concluded by the testator in accordance with the procedure established by law, whose legal consequences arise only after the death of the testator and that gives priority to the inheritance to the persons indicated there . Every natural person (testator) in this field has the right to make a will. The testator can also amend or revoke the will at any time and the amount of the will is not limited by law. When making a new testament, the testator may expressly state in it that he modifies or cancels the previous will (totally or partially), but he may not indicate it. In any case, if the content of a later will is completely incompatible with the content of the earlier will, the later will replaces the earlier one and cancels it completely.

When a later will changes only some of the terms of the earlier will or establishes new (additional) terms, both wills will apply, but only those terms from the earlier will that are not superseded by the terms of the latter will apply. Therefore, the terms of an earlier will are considered valid to the extent that they do not conflict with the terms of a later will. When a later testament complements the first, the earlier will applies, taking into account the additions to the later will, ”explained K. Rugys.

It is estimated that the entrepreneur’s assets can exceed 100 million. EUR.