Testamentary disposition: concept, procedure for execution

A citizen has the right to draw up a will and testamentary disposition of any property (both immovable and movable). This opportunity also applies to material assets that the owner may receive in the future. In any case, it is important that the property belong to the person at the time of his death. Let us further consider what will be testament dispositions.

General information

The owner may draw up a testamentary disposition regarding all of his property or a certain part thereof. He has the right to express his will in one or more documents. If in two or more wills the owner has disposed of the same property or one thing, then when issuing a certificate of inheritance, the notary is guided by the last document. When certifying a citizen, there is no need to provide evidence that confirms that material assets are in his ownership. However, when issuing a certificate of inheritance, the notary checks the location and composition of the property, requesting relevant documents. When reviewing the last will of the deceased at the time of opening the inheritance case, it may turn out that some objects are absent or new ones have appeared.

Classification

The following types of testamentary dispositions exist:

1. The purpose of the heir. This type of testament involves the indication of another person in the event of the death of the main successor.
2. Laying on. It is a testamentary disposition in which the owner obliges one or more heirs to perform certain acts of a non-property or property nature for public benefit purposes.
3. Renouncement. This type of testament involves the assignment of property obligations to one or more successors. It must be executed in favor of persons determined by the owner.
4. The appointment of the contractor. It involves the commission of a particular person to fulfill the last will of the owner. It is necessary to obtain the consent of the contractor. The executor may not be included in the circle of heirs.

Appointment and purpose

According to Art. 1121 of the Civil Code, the owner can express his will in relation to one or more persons. Moreover, they may or may not be included in the circle of successors under the law. A citizen has the right to indicate another entity in the case of:

1. The death of the main successor before or after the opening of the case, if he does not have time to accept the inheritance (or passes away simultaneously with the testator).
2. If the specified person does not accept the property or refuses it, it will not have the right or will be suspended from participation in the distribution of property as unworthy.

The law does not limit the number of assignments. In this regard, the owner can specify any number of entities that are entitled to inherit instead of the main successor. The last will of a citizen may contain one, several or all circumstances upon the occurrence of which a testamentary disposition will be in force. In the absence of special instructions, any of the cases provided by law will serve as the basis for the sub-assignment. The above list of circumstances is considered exhaustive.

Deposit testament

Sberbank, like any other financial institution, has uniform rules on the allocation of capital between successors. Inheritance of funds is regulated by Art. 1128 Civil Code. Rights to them may be transferred in the manner prescribed by art.1124-1127, or through a testamentary disposition in the branch of the financial organization where the r / s is open. The procedure for transferring funds to successors is established by Government Decision No. 351 of May 27, 2002. The form of testamentary disposition is valid for a notarized document.

Requirements

Registration, signing and certification of a document are subject to certain conditions:

1. The identity of the owner is confirmed by a passport or other papers that exclude any doubts about his identification.
2. A citizen with a bank account must be acquainted with the provisions of Art. 1128, 1162, 1150, 1130 and 1149 Civil Code. After that, a corresponding mark is made in the document being prepared.
3. Persons taking part in the disposal must comply with the procedure provided for in Art. 1123 Civil Code.

The document is signed by the owner. Moreover, he indicates the date of its compilation. A testament of a deposit with Sberbank or another financial institution may be executed by hand or using technical means (on a computer, for example).

Structure

The order shall indicate:

1. Date and place of its compilation.
2. Place of residence of the owner.
3. Names, surnames, patronymics (if any) of citizens, names and location of legal entities to which funds are transferred.

The document can be made for all the money in several accounts, or for their part, placed on one of these r / s.

Additional Information

If the owner wants the funds to be given to several successors after his death, he must indicate at the disposal who and what share will be bequeathed. Only heirs can be defined in a document. If the share of each of them is not indicated, the distribution is carried out equally. The owner can determine the person to whom the funds will be issued in case of death of the main heir in situations established by Art. 1121 Civil Code. The testator may establish the conditions under which successors will receive a contribution. For example, this may be the payment of certain amounts over a specific period, the provision of the ability to dispose of funds after reaching any age, and so on. The conditions determined by the owner should not contradict the Civil Code.

Important point

The law does not allow registration and amendments to the order. The document is compiled in 2 copies. Each of them is certified by the seal of the financial organization and the signature of the employee. The first copy is received by the owner of the funds, the second is registered in the Book of Orders. The form is filed in a folder and stored until opening hereditary affairs. The employee makes a mark on the r / s about the compiled document.

Change and Cancel

The owner applies to the financial institution where the corresponding bank account is opened. The employee must identify the citizen. After that, the bank employee checks the new order and attaches it to the one drawn up earlier. Change or cancellation of the previous document may be carried out in the manner prescribed by art. 1130 GK. In this case, the citizen draws up a will and notarizes it. In it, he indicates the cancellation or amendment of a document drawn up earlier. The will (or new order) is made in 2 copies. One document is sent to a financial institution.

Opening a case

In the event of the death of the testator, the notary sends a request to the bank. In it, he asks for confirmation of the fact of certification, cancellation or amendment of the document relating to the distribution of funds in the Russian Federation. The response to the request must be signed by the head of the banking organization and certified by a seal. He is sent to a notary within 1 month. If a copy of the order is attached to the request, the answer to it may be stated on it under the main text.

Payout

The issuance of sums from the r / s of deceased citizens who issued the order after March 1, 2002, is carried out depending on the specific situation and upon presentation of the following documents:

1. Sv-va on the right of inheritance under a will / law issued by a consular employee or notary in the Russian Federation.
2. Agreement on the division of the estate under Art. 1165 GK. This document must be notarized.
3. St.-va issued to the executor of the will under Art. 1135 GK.
4. Decisions of a notary public on compensation for expenses related to the death of a citizen, according to Art. 1174 Civil Code.
5. Sv-va on the right of ownership to a part of property that was jointly owned by the spouses. It is issued by a consular employee or notary public in the Russian Federation on the basis of Art. 1150 GK.
6. Copies of the court decision with a note on its entry into force or writ of execution (when considering a case in court).

Conclusion

Rights to money, regarding which a testamentary disposition has been drawn up at the bank, are included in the estate and transferred to successors on a common basis. These funds are issued in accordance with and on the basis of a certificate issued by a notary. The exception is cases of compensation for expenses for a worthy funeral. The heir receives funds in accordance with the decree of the notary before the expiration of 6 months. from the date of opening the case. The amount of compensation should not exceed 200 minimum wages. These rules are established in the third paragraph of Art. 1174 Civil Code. This procedure applies to any financial and credit organizations that have permission to attract citizens' funds in deposits or other accounts.