Gal Costa case: is it possible to annul a will?

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The singer’s cousins Gal Costadied in 2022, they claim the artist was forced by Wilma Petrillo to annul a will drawn up in 1997. The document was apparently revoked in 2019 at the encouragement of the businesswoman, who according to information is Gal’s widow.

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In the appeal presented to the Court it is claimed that there was a possible manipulation by Wilma Teodoro Petrillo so that the will drawn up in 1997 was revoked. Now Gal’s cousins ​​are asking the Court to bring the document back into force. This is because, according to them, the initial will would have donated the singer’s assets to the Gal Costa Foundation for the Promotion of Music and Culture.

Is it possible to annul a will?

The answer is yes! If it is proved that the testator expressed his will under some circumstance of mistake, fraud or coercion. But after all, how can I define each of these situations?

The mistake occurs when the testator makes a significant mistake in drafting the will. For example, if the testator mistakenly believes that a relative is alive when in fact he or she is deceased, and this influences his or her testamentary decisions, these provisions can be successfully annulled.

Intent, on the other hand, involves manipulation or deception by other people to influence the testator. This may include concealment of material information, misrepresentation or undue pressure. If it is shown that the testator acted under fraudulent or deceptive influence, the testamentary provisions may be invalidated.

For example, if an heir convinces the testator that other family members are conspiring against him, causing him to make testamentary provisions favorable only to the manipulative heir, this may constitute fraud.

The cousins ​​denounce coercion

Finally, coercion occurs when the testator is forced or coerced into making testamentary provisions against his or her true will. This may involve physical, emotional or economic threats. If coercion is proven, the testamentary provisions can be revoked.

This happens, for example, if a carer puts pressure on a vulnerable testator. From the moment she threatens to abandon you if you don’t change her will in favor of the caregiver, this constitutes coercion.

This is the legal case involving Gal Costa’s cousins. They want to prove that Wilma exerted coercion to have the singer revoke the 1997 will. If coercion is proven, they want the wishes contained in this first will to be preserved.

Finally, it is important to underline that the deadline for requesting the annulment of a will is four years, starting from knowledge of the existence of fraud, coercion or mistake regarding the true will of the testator.

Source: Terra

Amanda

I am Amanda Gans, a motivated and ambitious professional in the news writing industry. With over five years of experience in this field, I have developed an eye for detail and an ability to craft stories that captivate readers. I currently write for Gossipify, where I specialize in beauty & celebrities news. My passion lies with exploring the world of beauty through writing, interviewing experts and developing articles that are both informative and entertaining.