Today we have to find out what the will and testament to the apartment has. How to arrange this paper? What nuances of the operation will the parties have to remember? Having understood all this, a person will be able to bequeath real estate without much hassle. The presence of such a document solves many conflicts after the death of the property owner. Especially if you properly draw up the relevant documentation.
Testament is ...
What is a will? What strengths and weaknesses does it have in Russia?
Testament - a document that allows you to share property between the heirs. Thanks to him, the circle of recipients of wealth after the death of the owner of the bequeathed objects is determined.
The testament document actually helps during the life of the owner of material wealth to share his property. Only property rights will arise only after the death of the testator.
Next, the pros and cons of a will for an apartment, the features of its preparation and design will be considered. All this information will help citizens prepare for the future division of property.
Forms of wills
It is worth paying attention to the fact that citizens can draw up various forms of testamentary papers. Namely:
- Open - when all recipients of the property are known. People can learn about the principles of the division of property during the life of the testator.
- Closed - the will of a citizen is revealed only after his death.
- Simple written - when the testament is drawn up on paper with a detailed description of the will of the testator.
- Notarial - such paper is drawn up with a notary public. We will consider this technique in more detail. It is considered the safest.
Citizens themselves decide how to issue a will for an apartment. The pros and cons of such a document will be considered on the example of a notarized form of execution. This option is most often found in real life.
Circle of heirs
What is better to issue - a testament or a deed of gift? In order to correctly answer this question, a person must understand what pros and cons testament papers have.
The circle of heirs by will shall be determined by the owner of the property independently. In this case, the document is no different from the gift.
In the will, the current owner of the material goods may indicate both relatives and third parties. It is also possible to transfer property after their death to organizations and legal entities.
Transfer of ownership
Which is better - a will or a deed of gift for an apartment? It is difficult to answer, because each type of transaction has its positive and negative sides.
For example, special attention should be paid to the transfer of ownership of property. In the case of a will, this operation is carried out only after the death of the testator and with the consent of the heir. That is, a citizen is able to abandon the material goods laid to him.
Accordingly, even after the execution of the will, the owner can fully dispose of his property. In our case, an apartment. For the testator, this is only a plus, but for the heirs - a minus.
Important: inheritance rights arise exclusively after the death of the testator or upon recognition of him as dead.
Possibility of adjustment and cancellation
Do you want to issue a will for an apartment? The pros and cons of this document should be learned by everyone.
Among the advantages of testamentary papers, the possibility of changing the documentation an infinite number of times is highlighted.Moreover, the testator can make corrections to the said document throughout his life.
Moreover, under certain circumstances a will can be canceled. Usually this operation is carried out in court by the heirs or relatives of the deceased.
Unfortunately, in practice, cancellation of wills is increasingly common. Therefore, this feature for the testator can be considered a drawback.
Required share
What is a good will for an apartment? A deed of gift is a document that is increasingly found in families when dividing property, but it is not suitable for everyone. This is a normal occurrence. There are reasons for that.
When drawing up a testament document, a person must remember that there are a number of heirs with mandatory shares in the property. They will have to be taken into account.
Mandatory inheritance laid:
- minor children;
- parents who have reached retirement age;
- disabled people;
- incapacitated persons.
In other words, legal dependents. Thus, testament paper does not always allow the division of property in the way the testator wants it.
Testament Costs
Testament or deed - which is better and cheaper? Next, we consider the possible costs that the parties face when entering into the inheritance and when drawing up a testament.
Firstly, a citizen will have to pay a fee for the creation of relevant documentation. How many? It all depends on the value of the property and on the circle of heirs. If a person transfers property to close relatives, the fee will be 0.3% of the value of the object, but not more than 100,000 rubles. In other cases, you will have to give 0.6% of the price of the apartment, but not more than a million.
Secondly, you have to spend money on notarial services. On average, a notary charges about 1.5-2 thousand rubles for his work.
Thirdly, it is necessary to pay income tax on individuals if a citizen will sell the inherited property. Will have to give 13% of the value of the property. The exception is apartments, which the heir owns for more than 5 years. In this case, no additional sales taxes will have to be transferred to the state treasury.
Basic conditions for registration
Which is better - a will or a deed of gift for an apartment? It is important to remember what conditions must be met for the successful execution of testamentary paper.
There are not many of them. Making a will, a citizen must:
- Be an adult and have ownership rights to a particular object. Foreign property cannot be bequeathed. Children cannot issue wills, but they are able to receive apartments by inheritance.
- Be in adequate condition. Incapable or mentally handicapped people cannot make wills.
- Decide on the distribution of property on their own. Intimidation, threats, blackmail and so on are not allowed. If it turns out that the document was drafted under pressure, it will be canceled.
- Compose paper exclusively on your own and by hand. Ideally, a will is written in the presence of several witnesses. Only such an arrangement can be considered legal.
That's all. In fact, with proper preparation, you can easily issue a will for an apartment. The pros and cons of this document were presented to our attention. And how to draw up and enclose the appropriate paper?
Order of registration
We got acquainted with the key points of testamentary papers. Now it remains to be seen how to draw up the said document. If you prepare in advance and find a good notary, you can cope with the task as soon as possible and with minimal hassle.
To make a will, you will need:
- Pay the operation fee.
- Decide on the form of the will.
- Make a testament. This is done either on their own or with the help of lawyers.
- Collect some help package. It depends on what and to whom bequeathed.Next, consider the paper requested when transferring the apartment in succession.
- Contact a notary with witnesses and certify the documentation.
That's all. Now it remains only to wait. After the death of a person, the inheritance will be open. The heirs will be given six months to inherit. Otherwise, the property will be redistributed.
Documents for the will
We figured out how to draw up and make a will for an apartment. The pros and cons of this document were presented to our attention. And what documents are useful for the implementation of the task?
To make a will, a person will have to prepare:
- identification;
- documents capable of verifying the identity of the heirs;
- USRN statements;
- certificates of ownership of real estate;
- any title paper for an apartment (for example, a privatization agreement);
- medical report on the health status of the testator;
- a will written in accordance with applicable law;
- marriage / divorce / birth certificate / adoption certificate;
- prenuptial agreement (if any);
- permission of the co-owners to conduct the operation (for example, the spouse, when it comes to jointly acquired property).
This is usually enough. In addition, you will have to attach certificates indicating the fact of payment of the fee. Nothing more is needed.
Gift or testament
We examined the will of the apartment. The taxes, pros and cons of this operation, the procedure for registration and the cost of servicing by a notary have been fully studied. Now you can find out how best to distribute the property - by gift or testament.
Unfortunately, there is no single answer. The thing is that the will allows you to protect the current homeowner, but canceling such a paper after the death of the testator is not difficult.
Donations allow you to immediately distribute the property among the heirs, but then the donor will lose all rights to his housing. There are no guarantees that the former owner will not be expelled from the apartment after the donation.
Earlier it was told about the cost of a will for an apartment, the pros and cons of this paper. Donations are cheaper, but they have certain risks for donors.
From the foregoing it follows that there is no single answer. Someone wills a testament, while someone draws up gifts.
Tip: when transferring property to relatives with whom a trusting relationship has been established, “gift agreements” can be used. It is preferable to issue wills when the owner is not sure of the recipient of the property.
So what is better - a gift? Testament to the apartment? The pros and cons of these documents are approximately the same. Therefore, everyone decides how to transfer his property to him - during life or after death.