Inheritance in Russia is a very difficult and problematic process. Especially when it comes to the division of property of the deceased by law. This is the most serious situation of all. In order to facilitate inheritance, during the lifetime the testator has the right to issue a will. This document will resolve most disputes in the future. The main thing is to compile and format it correctly. Otherwise, the extract will be canceled, and the heirs will have to receive property under the law. Next, we will study the will and the design features of this paper. What to look for first? How to protect yourself, heirs and property in the future? To understand all this is actually not so difficult. And if you prepare in advance for the procedure, you can easily implement the idea with the execution of a testament certificate in the shortest possible time.
Description
First, find out what kind of document in question. This is an extremely important nuance, but it has nothing to do with the execution of certificates.
A will is a form of transfer of property rights from the testator to the heir. It is a document drawn up during the lifetime of the former owner of the property.
Accordingly, testament paper is a means of sharing the property of the deceased during his lifetime. Only the rights to the objects of the heirs will arise only after the death of the testator.
Important: the will can be changed as many times as you like. The main thing is to adhere to a certain procedure.
What can bequeath
Making a will is not too difficult if you look at the legislative features of the law of succession. For example, what can be transferred by testamentary papers.
Citizens have the right to indicate in their extracts any of their property. It is important to remember that it is allowed:
- transfer of the object to one or another heir in full;
- allocation of shares to each potential recipient of the property.
Most often, issues related to inheritance are caused by real estate. To issue it by testament is not difficult. This scenario will be explored a bit later as an example.
Document Features
What conditions must be observed when preparing a will? They are few, but they are all important. First, let's talk about why you should think about drawing up a testament. What is important to remember about this document?
The will has the following features:
- drawn up during the life of the testator;
- allows transferring property in whole or in part;
- can be issued both for relatives (excluding the line of inheritance), and for third parties;
- requires mandatory notarization;
- may be changed in accordance with applicable law;
- until the death of the testator, information about the heirs is kept secret;
- a document is drawn up according to a specific sample (we will talk about it later).
Note that the document should be clear. All ambiguous sayings in the preparation of a will can be interpreted both by a notary and the heirs at their discretion. Due to such nuances, certain problems may arise.
Duties of the testator in the law of succession
Making a will at a notary public - a procedure that is carried out without much hassle with proper preparation. According to the law, when making testamentary documents, the testator has rights and obligations. What are they?
Let's start with the responsibilities.The following points are indicated in the law of succession:
- A will can be made only by an adult citizen of the Russian Federation. For children testaments are not issued under any circumstances. The exception is the presence of emancipation in the child. In this case, he can act as an adult.
- At the time of registration, the person must be adequate and healthy.
- The testator must be fully fluent in the Russian language.
- The person who decided to write a will must have property, the rights to which can be transferred.
This is not all the rules of the will. Moreover, these points, as we have said, are the responsibility of the testator. If they are not respected, the notary will not be able to certify the documentation.
On the rights of the testator
Now a few words about the rights of the testator. It is important to remember them so that in the future there are no problems and troubles.
In Russia, the testator has the following rights:
- You can define the circle of heirs.
- It is allowed to allocate shares to potential recipients in the property of the testator. In other words, a person can inherit all property or his share to one or another person.
- At any time, you can cancel the will or correct (rewrite) it.
- As heirs are allowed to specify anyone - individuals or legal entities, relatives and strangers, even the country.
- You can make a will and draw it up in the prescribed manner by proxy. Usually, the representative of the testator goes to the notary public if the owner of the property does not have the opportunity to personally attend the procedure.
Accordingly, the presence of a will is not a guarantee that the property will be transferred to the potential heir.
Fundamental rules
Next, we discuss the basic conditions for the preparation of a will. If you do not comply, you can face huge problems.
Here are the rules to keep in mind first:
- The form of the will is written. An oral agreement with potential heirs has no legal effect.
- The document must be written by hand. Text printed on a computer can be easily challenged if necessary.
- At the end of the will, the signature of the current owner of the property is mandatory.
- Mandatory testament certified by a notary. Without appropriate confirmation, the statement loses its validity.
- During the execution of the document under study, you will have to remember close relatives. Some of them are entitled to a mandatory share of the inheritance. For example, these include minor children or legally incompetent spouses.
About witnesses
Another nuance is the presence of witnesses during the operation. At the time the will is drawn up and signed, a notary must have at least two witnesses.
"Observers" follow the procedure for drawing up a testament document, and then sign it. Only persons with speaking or writing skills in Russian can act as witnesses.
It is advisable that citizens act as “observers” disinterested in receiving an inheritance. Such a technique will help protect the operation from unnecessary checks and questions.
Liberty of decision
Making a will with the subsequent signing of the document is voluntary. And the citizen must understand this.
According to current laws, the decision to transfer the inheritance to one degree or another to the potential recipient must be made by the owner of the object independently. Blackmail, intimidation, threats and other measures of manipulation by a citizen will lead to the cancellation of documentation after the will is opened.
Common sense and healthy psyche
The procedure for drawing up a will includes many nuances. Another important point - is being in good health with a notary during the operation.
By law, citizens can bequeath their property if:
- they are fully competent;
- they do not have mental illness or other deviations that can distort the perception of the world;
- at the time of writing, the citizen must be fully adequate, not intoxicated.
If the notary or witnesses replace the inadequate condition of the testator, the will will not be executed. The refusal in this case is considered fully justified.
Procedure
How to make a will? We have already familiarized ourselves with the basic rules. And how will the instruction for the implementation of the task look like?
Step-by-step operation can be imagined as follows:
- Collect a series of certificates necessary for the procedure. The list of documents will depend on the specific situation. Next, we consider the general case and the inheritance of the apartment.
- Contact a notary public.
- Pay for notarization of documents. The exact cost is recommended to clarify in a particular office.
- Pay a testament fee.
- Make a will in the presence of several witnesses according to the established model.
- To sign an agreement.
- Seal the will and wait for it to be certified.
That's all. In fact, the direct signing of a testament is a simple procedure. It is much more difficult to collect a package of documents for the implementation of the task and to comply with all the above conditions and recommendations.
Documents for the operation
Documents for the preparation of a will is another area of the operation, which will have to be treated very carefully. The absence of a complete package of certificates required for a testament is the basis for a denial of service. Even if a person paid for notarial services, the documentation is signed and will not be certified.
What documents do you need to make a will? Typically, citizens are required to:
- identification;
- the grounds for ownership of a particular object (for example, a USRN statement);
- written will (drawn up by a notary public in the presence of witnesses);
- foreign passport (if it is a question of execution of testament paper by a foreign citizen).
- Perhaps this is all. The following may serve as title documents:
- gifts;
- certificates of acceptance of the inheritance;
- property purchase or exchange agreements;
- USRN statements;
- certificates of ownership of certain items;
- privatization agreements.
Additional statements
In addition to the above certificates, other certificates will be required to make a will. It is not necessary to bring them, but the presence of these will greatly simplify the procedure under study. What documents for drawing up a will still come in handy?
The testator is advised to bring with him:
- certificates of dependents;
- birth certificates of children;
- statements of divorce or marriage.
As already mentioned, the extracts listed are not required. Nevertheless, it is better to notify the notary of the current marital status and the presence of heirs with mandatory shares in the property. Then the operation will be almost impossible to annul or invalidate.
Confirm Health
As already mentioned, the preparation of a will among the basic rules has a clause regarding the adequacy of the testator. Therefore, it is recommended to worry about the availability of certificates confirming the health of the citizen.
It is best to go to a neuropsychiatric dispensary and take extracts from a psychiatrist and narcologist from there. You can go through a full medical commission, at the end of which a person will be issued a certificate of complete health.
Important: at the time of signing the will, a citizen can do a blood test and the content of psychotropic substances in the blood.
About the contents of the document
Making a will for an apartment or other property of a person is a very difficult procedure. As already mentioned, the document is drawn up in a certain form.
What information should be contained in a testament? Consider the answer to this question on the example of inheritance transfer of housing.
In this case, you will have to indicate in the will:
- F. I. O. the current owner of the property;
- Address of the object;
- characteristics of heritable housing;
- shares allocated to heirs;
- property that will be transferred to citizens in succession;
- data and place of residence of the trustee (if any) and witnesses;
- contact information of "observers";
- list of documents attached to the will;
- signatures of all participants in the operation.
It is done. As practice shows, any lawyer or notary will help in making a will. The main thing is to independently comply with all the rules and obligations listed above.
Who can not draw up a document
We have clarified the procedure for drawing up the will. It is easy to guess that some citizens cannot draw up testamentary paper. But who are we talking about?
To date, the study operation cannot be performed:
- Citizens with physical disabilities that prevent them from writing a will. For example, the presence of amputated hands in a person makes the studied service impossible.
- People who are drunk or are under the influence of psychotropic substances at the time of contacting a notary.
- Persons suffering from mental illness.
- Disabled citizens. This may include not only children, but also adults deprived of legal capacity.
- To people who cannot write in Russian. Illiterates will also encounter certain difficulties in preparing a will.
Of course, one should not bequeath one's property. It follows that only the owner of the property or his representative is authorized to draw up testamentary papers.
About Fees
As already noted, the execution of the will involves certain costs. They are borne by the current owner of the property.
The size of the state fee for the will will vary. It is recommended to focus on the following indicators:
- 0.3% of the value of the bequeathed property - execution of a will for a close relative;
- 0.6% of the property price - for third parties.
It follows that before the execution of the will it is recommended to assess the property. This is an optional step.
Conclusion
The basics of making a will have been presented to our attention. Now it’s clear how to cope with the task in such a way as to cancel the testament was problematic.
The main thing is to remember that a person must be adequate at the time of the operation. After death, his property will be distributed according to the principles specified in the will, if the heirs accept the proposed property. Making a will at a notary is the simplest solution of all.