Visitors are often interested in notaries, which document is preferable: a deed of gift or a will for an apartment. What is better to make in order to subsequently avoid a possible awkward situation?
Special circumstances
In their declining years, older people usually want to dispose of their property in advance. Life itself often creates situations that make you think about the future. Such thoughts, as a rule, come to the minds of old people if:
- They are sick and need care.
- People are lonely and go to spend the last years of their life, feeling the care of loved ones.
- They have several heirs and I want to single out one, the most worthy or beloved.
Then the questions arise: "A deed of will or testament to an apartment? What is better to issue? What should I do in such a situation?" In any case, the property remaining after the death of the owner will be transferred by law to his heirs (if any). And in most cases, it is the living space that turns out to be the most valuable part of what a person could save during his lifetime. Perhaps that is why, in the first place, a deed of will or testament is made. What is better will be of these two documents to decide only to the owner.
Comparative characteristics
In order to make the right choice, one must clearly understand what is at stake and what consequences await both sides in either case. In fact, both documents are a fact of transfer of ownership of housing. The only difference is that the deed of gift does it right away, and the will only after the death of the owner. Therefore, it is up to him to decide which is preferable: a deed of gift or a will for an apartment. What is best for the heirs in this case is not important. They will be forced to be content with any result. And the landlord should know that after giving, he loses all rights to it. The gifted person becomes the owner, and now he will dispose of square meters at his discretion. Of course, in the case of a friendly relationship, the donor has nothing to worry about. After all, he reserves the right to reside. But this may not always be the case. The new owner can sell the apartment, solving his financial problems. Then the former owner will inevitably have to look for a "roof over his head." You should always remember this when making such a responsible decision.
Possible consequences
Arguing on the topic of which is better - a deed of gift or a testament on an apartment, it is necessary to clearly understand all the consequences of such a step. The main difference between these two actions is that one of them can never be changed. It is a gift. In this case, nothing can be reversed. The decision made can only be changed by a reciprocal gift. Whether it is a testament. It can be composed and then changed at any time as you wish. For example, an elderly woman decided to bequeath her apartment to her beloved grandson, hoping for a good attitude on his part. But after a while she sees that she does not receive the desired care and attention. In this case, the grandmother can again contact the notary and change the contents of the will. The law allows you to change it repeatedly. It is clear that the heir cannot have a 100% guarantee in such a case. It all depends on the will of the owner, and if desired, the final result can be found only after his death.
How much are the services?
In order to make the final choice and decide which is better: a deed of gift or a will for an apartment, the owner must imagine what expenses he will incur in either case. They are not the same and differ markedly from each other. For example, for registration of a gift it will be enough to pay 1000 rubles (state duty). The funds will go to state registration for changing ownership. In the case of the will, the situation is somewhat different. Here you will need:
- pay for the services of an organization that will assess the value of the property;
- pay with a notary public for the certification of the document drawn up in accordance with the current price list.
In addition, the heir will have to:
- obtain a certificate of inheritance by paying 0.3-0.6 percent of its value;
- deposit funds for notary services.
Such amounts may be significant both for the owner of the apartment, and for its future owner. Therefore, you need to weigh everything and not rush to a decision.
Possible consequences
When a person faces a choice, he wants to weigh the pros and cons. It's a shame to understand after some time that I made a mistake. But sooner or later it will be necessary to decide: a will or a deed of gift. What is better and what are the differences between these documents? Having dealt with the financial side of the issue and the terms of registration, you need to pay attention to one feature. The will, as you know, can be easily challenged. This can happen if among the first-line heirs, by the time the issue is considered, there will be minors, people with disabilities, or just pensioners. In the presence of all supporting documents, they will be able to claim part of the property (apartment), and this already threatens a family scandal. This will not happen with a gift, unless the relatives can prove that the donor was, as they say, “not in himself” when he stated his will to the notary. True, this is very difficult, since the lawyer usually carefully monitors the cleanliness of the transaction and is obliged to prevent a possible violation. On this side, giving is a more reliable option.
Protecting the interests of relatives
In practice, most often apartments are transferred to relatives. For example, grandfather decides to provide granddaughter with housing in the future or parents want to take care of their children. This is where the problem arises, what to choose: inheritance or donation of an apartment? What is better for the future owner? I want to make sure that you are not offended and remembered only with a kind word. Therefore, here you need to look a few steps forward. Life sometimes presents people with unpleasant surprises. Where is the guarantee that after receiving the inheritance (or gift) the family of the new owners will last a long time? Husband and wife may break up, and housing will be the subject of a dispute in the division of property. In this regard, the law takes into account ownership. The fact is that an apartment received as a gift cannot be divided between spouses after their divorce. She will remain the property of the owner. Thus, it is possible to protect your near and dear ones from housing problems in the future. This fact also does not need to be discounted.
Features of tax policy
Tax legislation also makes adjustments to resolve the issue, which is better: testament or deed? What is the difference between these two actions? In both cases, there is a kind of income. And as you know, incomes in our country are taxed. In this case, the legislation proceeds as follows: taxes are levied on the recipient. Therefore, the heir or the gifted person will have to pay. In the case of the execution of a will, the following shall be charged:
- state duty for inheritance;
- property tax if its value is 850 times higher than the minimum wage.
The situation with the gift is somewhat different. Direct heirs to property do not pay tax.They are also exempt from personal income tax. Those who are not connected with the donor by family ties are obliged to return to the state 13 percent of the income received. It remains to pay only for registration of the right to received property and all.
National characteristics of the issue
Residents of different countries sooner or later ask themselves: testament or deed. In Ukraine, this question is answered in almost the same way as in Russia. Legislation of both countries in this regard is not much different from each other. For example, you can issue a donation of an apartment in Kiev or any other city only if you have the following documents:
- extract from the house book;
- document confirming the right of the donor to the apartment;
- passports for housing (technical and cadastral);
- receipt of state duty.
The contract is made in triplicate. In Russia, this list is similar. True, with us it can be concluded in writing and notarized, and in Ukraine only in the presence of a notary. In addition, there is a difference in income tax. Ukrainians pay it differently:
- first-priority relatives - 0 percent;
- extraneous "gifted" - 5 percent;
- non-residents of Ukraine - 15 percent.
By tightening measures, the government is trying to protect the rights of its citizens.
