How to correctly draw up a will for inheritance

How to draw up a will for inheritance? To begin with, it is important to note that its transfer in accordance with the last will of the testator is the main form of receiving property.

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This procedure is distinguished by a huge number of nuances enshrined in regulations.

Writing rules

You can write an order for the division of property after the death of the owner yourself. It should only be in writing from one person. In addition, this document, even if written independently, requires notarization. This rule has no exceptions under normal living conditions.

The only case when a will can be written on a simple “piece” of paper is when the maker is in emergency circumstances caused by:

• manifestations of terrorism;
• martial law;
• natural disaster, etc.

When drawing up a document yourself, you need to follow the rules:

• compliance with written form and content that does not contradict the law;
• availability of signature, date and place of writing;
• exact instructions that do not contradict each other are not interpreted in any other way;
• excluding any reason to doubt the compiler’s legal capacity; if necessary, provide a certificate.

From here, you can write the order yourself. This is not difficult to do, but if you have doubts about the correctness of the content or form, it is better to seek the help of a notary.

Contents of the will

A will imposes rights and obligations regarding the property of the testator. Any existing or prospective property can be bequeathed in part or in full. The text indicates information about the testator, heirs, and the terms of the will; if necessary, the testator stipulates what of the property to whom he will bequeath. of signing the document and other details must be indicated

A will always designates heirs (heirs). These can be citizens and non-residents of the Russian Federation, stateless persons, legal entities, regardless of the country of registration. In case the main heir cannot accept his share, another successor can be appointed (Article 1121 of the Civil Code of the Russian Federation).

The contents of the document may provide for a testamentary refusal (Article 1137 of the Civil Code of the Russian Federation), when the heir, within the framework of his share, is obliged to give away part of the inherited property or perform a service in favor of another person.

A testamentary assignment is similar to a refusal, but the service is provided for charitable, gratuitous purposes (Article 1139 of the Civil Code of the Russian Federation). Without fulfilling the waiver and assignment, the heir will not receive the bequeathed property.

Directly indicating the shares of each heir in the document is not mandatory, but can solve many problems. The testator has the right to disinherit any of the successors, in addition to those to whom the obligatory share is due (Article 1149 of the Civil Code of the Russian Federation).

Example A. indicated in her will that she would assign the dacha plot to her son after her death. At the same time, she entrusted her son with a testamentary refusal, according to which he must allow his brother to use the specified plot. In this case, the testator does not indicate the validity period of the refusal, although it is often indicated. For example, you can impose on the heir the obligation to provide a room for a relative to live until her marriage or some other event.

How to write an uncontested will?

You can challenge the posthumous disposition of property if you have:

• factual errors;
• orders that do not comply with and violate laws;
• suspicions of the compiler’s incompetence at the time of writing;
• non-compliance with the form of drawing up the document;
• lack of certification by a notary office specialist or other authorized person, signature, date, etc.

Therefore, in order to draw up an uncontested will, it is necessary to follow the requirements of the law.

It is advisable to obtain a certificate of legal capacity if the compiler is of advanced age or there are other reasons to doubt this. If the compiler is not sure that he can draw up the document correctly on his own, he can contact a notary. He will help you do everything right, minimizing the chances of the will being revoked.

Reasons to contest a will

A will is a document relating to a citizen’s property, both movable and immovable. That is why such stringent requirements are placed on it. Below we will look at the most common grounds for challenging this document.

1. The will was written by a person who was declared insane or incompetent even before the commission of this act. If relatives have a document confirming the testator’s wealth, the will can be challenged on its basis.
2. The writing of the will was forced: under pressure, under threat or under the influence of other illegal factors.
3. The will was expressed at a time when the person could not be responsible for his actions, for example, he was under the influence of drugs or alcohol.
4. The testator signed the document because he was deceived by the interested party.
5. The document was recognized as fictitious or forged, that is, the testator did not draw up a will.
6. The will did not mention the persons to whom the obligatory share should be allocated. These include disabled first-degree relatives or dependents who have been under guardianship for more than one year.

Example. The testator distributed all his property among friends and distant relatives. However, he left behind a widow who, due to an injury she received at work, could not work. She filed an application with the court demanding that the will be declared invalid. After its consideration, a verdict was made: to satisfy the widow’s demands in full, and in addition, to allocate the marital share from the property, and then divide the property of the deceased in accordance with the will.

How can you make a will that will be difficult to challenge?

Now we will give some tips on making a will. So, if you don't want your will to be contested, do the following:

• make sure that everyone who is entitled to an obligatory share receives their part of the inheritance;
• invite witnesses to sign the document, take their contact information, and indicate it in the document. In the event of an unforeseen situation, they will be able to confirm your free will and your adequacy at the time of signing the papers;
• record a video or audio message in which you declare your will, and also record the moment of signing the will;
• do not sign anything until you have read the text of the document;
• Before writing a will, visit a narcologist and a psychiatrist, get certificates from them stating that you are in perfect health and can be responsible for your actions.

Important! There may be several wills, but only the last copy, that is, the document with the latest date, is recognized by law.

Sample will

Samples vary depending on the type of inherited property, the number of heirs, etc. Sample for inheriting all property by one heir:

WILL

D. _______(place of compilation) (date in full in words)

I, ______________, live in the city of __________, on the street ______________ in the village __, apt. __, I dispose of the following by will: 1. I bequeath all property that will be owned on the day of my death to _________________________.

3. The text was written by me personally.

4. The document is written in two copies. One of which is in the files of the notary of the city _______ (full name of the notary), and the other is given to the testator _______________

Procedure for document execution

You should know how to correctly draw up a will during your lifetime so that it is recognized as valid.

The procedure for registering a will involves two mandatory stages:

• creating the text itself;
• his legal identity.

The procedure for drawing up a will means:

• decision on the selection of persons to whom the inheritance will go and the determination of their share;
• compilation of the text itself: it is written or printed personally by the testator or a notary under his dictation - in the first case it is advisable to use a sample;
• signing of the document by the notary and the drafter, its legal certification.

The procedure for making a will requires its preparation in two copies with the signature of the will-maker and the notary. If the testator is unable to sign himself, he has the right to appoint an executor. This can be any person with the exception of the immediate relatives of the originator of the document.

If the testator wants to divide all property between the second spouse and children equally, drawing up a will will be an unnecessary step.

The legislation provides for just such a distribution of the inheritance, unless otherwise ordered by the deceased.

If the testator does not want to make a formal disposition, but still wants to leave everything to the husband/wife, a gift can be made between spouses. It will allow you to transfer property without paying taxes or contacting lawyers.

As for the testator’s monetary assets located in the bank, they can be disposed of separately from the main document. After the will is ready, you can begin to draw up a testamentary disposition regarding finances in bank accounts. This is a separate document that also requires legal certification.

Sample will for an apartment

The order for the apartment is drawn up according to the general rules. An example of this option:

WILL

G. ____________, (date of compilation in words)

I, gr. (full full name), _______ year of birth, passport (data), residing at the address: _________, being of sound mind and performing actions of his own free will, hereby

• an apartment located at ____________, consisting of ____ rooms, area______, owned by me

I BEQUEST: Full name of the heir(s). 1. The content of articles 1118 clause 2, 1119 clause 2, 1149 clause 2 of the Civil Code of the Russian Federation is clear to me.

2. This will is drawn up and signed in 2 copies, one of which remains with the notary _________F. Acting notary, city________, and another copy is handed over to the testator.

The text was read aloud to me by a notary, and also read by me personally.

Closed will

The testator can draw up a closed will. Then no one, including the notary, will know about its contents. The execution of a closed will is carried out according to special rules.

A closed will must be written and signed by the testator in his own hand. This is one of the conditions for the correct execution of a will. Otherwise it will be invalid.

The testator places the closed will in an envelope, seals it and hands it over to the notary in the presence of two witnesses, who at that moment put their signatures on the envelope. This envelope with the will, signed by the witnesses, is sealed in the presence of the witnesses in another envelope, on which the notary makes an inscription containing information about the testator, the place and date of his acceptance, the full name of each witness and their place of residence.

A will (ordinary or closed) can be revoked or amended by the testator at any time after its execution. No one's consent is required to revoke or change a will. A sample order for revoking a will can be found here.

Where to go to write a will?

Writing a will is the most simplified procedure. To implement it, a minimum of documents and funds is required. To write it, you can contact any specialist notary office in the country, regardless of the place of registration and residence of the testator.

If the testator is located where there are no notary offices, for example, in a remote rural area, he needs to have the document certified by the head of the village council. Most often, chapters are vested with rights by certification if the nearest notary is located far away.

If it is impossible to leave the medical institution or it is urgent to draw up such a document, certification of such a document is the right of the chief physician.

What can be bequeathed

To properly draft a document, it is important to know what you can pass on to your heirs and what you cannot include in your will. The law allows you to indicate not only your own property, which you currently own, but also the future that may appear in the future. That is, when drawing up a document, a person cannot know exactly when his death will occur. And during this time he can accumulate quite a lot of property. And in order not to rewrite the will every time, you can provide in it the procedure for dividing acquired property between the heirs.

The following items may be permitted to be included in a will:

• all types of real estate ;
• any movable property ;
• jewelry , as well as unvalued things that have value only within the family;
• deposits and cash;
• shares and other securities;
• an enterprise that has a different organizational and legal form.

It is also important to know that the heir receives, along with the property, not only it, but also all the responsibilities associated with this object.

Types of wills

When drawing up a document, you need to decide on its form. They can be of 2 types:

• open , this is a standard form of a document in which all those present are obliged to keep its contents secret;
• closed, it differs only in complete confidentiality about the very fact of drawing up this document.

If you do not have any special reasons to hide the fact of drawing up a document, it is easier to draw up a regular document. No one has the right to disclose its contents, regardless of the form of the document.

Is it possible to write a will for a minor child?

You can draw up a document for any heir. Imperfect heirs are no exception.

However, a minor cannot independently decide to accept or refuse the inheritance, nor dispose of it. This will be done by his guardians, trustees or parents. Without their consent, a minor will not be able to inherit.

Making a will

The document is written by the testator in his own hand without the use of printing devices. A will drawn up on a computer can be certified by a notary. But you need to understand that the authenticity of such a document will still need to be proven in court. Therefore, it is better to spend time and effort and write a will manually. It is very important to compose a document without errors, as some of them may distort the meaning of the written text. Particular care should be taken to indicate the details of heirs. Based on the information provided in the will, they should be easily identifiable. A citizen can bequeath only the property of which he is the owner. Therefore, to register an apartment with a notary, it is better to have a certificate of ownership in hand in order to accurately indicate information about the property being bequeathed. A will can be drawn up either open or closed. When drawing up a closed will, the testator does not make it public. He independently seals the document in an envelope, which is then certified by a notary and handed over to him for safekeeping.

Where can I apply for certification - visiting a notary

According to Article 1125, you can write a will for an inheritance:

• The testator himself;
• By a notary according to the testator.

A notary can record the testator’s speech using technical means in order to later display it on paper. Before certification, the entire text must be read by the testator. A note about this is made on the paper itself.

Executing a will before a notary involves reading the completed document in front of witnesses and the testator. The latter must be notified by the notary that there is a mandatory share of the inheritance, which will be given to the heir in any case, regardless of the will. The category of persons who can receive such an inheritance includes minors, incapacitated close relatives and spouses.

Documents for drawing up a will

To draw up a will, you will need a package of documents that are submitted to the notary’s office:

• Passport of the testator;
• A document that confirms the legal capacity of a person, if necessary;
• Papers confirming ownership of property that is planned to be distributed among heirs;
• Receipt for payment of state duty.

To make a will for an apartment, you will need documents confirming that the testator is its owner. In some cases, you will have to obtain additional documents. For example, if this is a corporate apartment, you need a certificate of payment of shares.

How to draw up a will: procedure, documents and laws

Every person, according to the Civil Code of the Russian Federation, has the right to free expression of will regarding the disposal of property after his death. To do this, you need to draw up a special document. The answer to the question: how to correctly draw up a will for an inheritance must be sought in the provisions of the law concerning the contents of the document, the rules for its certification and other points.

The execution of a will depends on what exactly is planned to be distributed among the heirs: an apartment, a car, money. The main task of the testator is to draw up the document in such a way that it cannot be challenged.

How to register an inheritance during your lifetime and draw up the correct document?

The drawing up of a will is regulated by Article 1124 of the Civil Code of the Russian Federation. It describes its form, the basic rules of design, and the accepted procedure. The procedure for drawing up a will includes the need to comply with the following rules:

• The document is drawn up in written form;
• It must be certified by a notary (drawing a will without a notary is possible in exceptional cases);
• Witnesses must be present during certification. They cannot be persons potentially interested in the inheritance: children, close relatives, spouses. Also, a person declared incompetent cannot be a witness;
• A mandatory item is to indicate the date and place where the testator decided to write the will.

The paper will be recognized as valid only if it has been certified. However, there are exceptions. For example, a will in emergency situations is drawn up in circumstances that threaten the life of the testator and may not be certified.