When does a will for an apartment come into force after the death of the testator?

On the territory of Russia, inheritance by law and by will operates.
In one case - when the testator did not leave the corresponding document after death, the inheritance passes to the relatives. But if a capable citizen has expressed his dying will, to which he has a legal right, then the second option occurs. A will is an opportunity to dispose of one’s own property at one’s own discretion. The person named in the will will become the legal owner of the inherited property. But what is a will? More than one generation has known about this method of expression of will since ancient times. History has brought to us the great testament of the Templars or the “testament” of Byzantium (otherwise, the Eastern Roman Empire) to its successor – the Russian Empire.

In the same Russian Empire there was a Code of Laws on Inheritance. There was a time when the very concept of “will” was not legally defined in the RSFSR. But today the legislator pays enough attention to the development of this area.

The concept of a will

There is more than one definition for this document. But they all come down to a common denominator: in essence, this is the free expression of the will of a citizen regarding his property in the event of death. This action is considered unilateral; it confers powers and responsibilities, but only after the inheritance case is opened (clause 5 of Article 1118 of the Civil Code of the Russian Federation).

In his order, the testator stipulates the transfer of his own property and non-property rights to the persons designated by him in connection with his death. Moreover, at the time of registration, the testator must be mentally healthy, capable of being responsible for his actions and their consequences.

A will is a personal expression of the will of a citizen regarding a piece of real estate in his ownership in the event of death, which is made not orally, but in the form established by regulations (notarial or equivalent).

The peculiarity of this document is that, although it is drawn up here and now, the recipients of the posthumous gift will be able to inherit property only when the testator dies. In addition, inheritance by will takes precedence over inheritance by law.

This document is characterized by the following features:

• this is a classic example of a unilateral, sole (on behalf of a single person), urgent (the death of the testator eventually occurs) transaction;
• is of an exclusively personal nature, signed only with one’s own hand, is not executed on the basis of a power of attorney, and with rare exceptions, is notarized;
• the onset of legal consequences of the transaction is possible strictly after the death of the testator;
• this transaction is of a strict form (properly executed, always in blank form, must be certified, and is invalid without the personal signature of the testator).

Now let's talk about this document in more detail.

Description of inheritance by will

Therefore, we will focus on another scenario. When does a will come into force? This is not the most difficult question. We will answer this a little later.

Inheritance by will is a method of receiving property by inheritance by the persons specified in the testamentary document. In this case, the heirs can be any people and even organizations. Only first, during his lifetime, the testator must correctly draw up a will. Otherwise, the document will have no legal force.

What does the law say?

The Civil Code of the Russian Federation is the main legislative act, where Article 62 regulates the procedure for inheritance by will, and it corresponds to the private law:

• Article 1125: “Basic requirements”;
• Article 1149: “On compulsory share”;
• Article 1127: “On a will officially equivalent to a notarial will”;
• Article 1128: “On the execution of a will in special circumstances”;
• Article 1129: “On persons who have the right to certify a will.”

This is in general terms. In more detail, the law declares the freedom of expression of any person regarding the disposal of his own property. And in accordance with the requirements provided for by law, this means:

• the order must be a personal decision of the person without any outside pressure;
• the testator is not obliged to inform anyone about his decision;
• it is allowed to bequeath any personal property - cash and securities, real estate, business, corporate rights, animals, etc.;
• any degree of specification of property is allowed in the text of the document;
• both things and shares in them can be distributed in the inheritance;
• the testator has the right to deprive the rights of any relative (and all successors in general) without giving reasons. His will in general can be reduced to deprivation;
• at any time the will can be changed and even annulled;
• there can be any number of such orders, each dedicated to a specific part of the property;
• any subjects can be chosen as recipients of the posthumous will, from close relatives to legal entities and foreign states;
• the testator has the right to indicate an alternative recipient of the gift in the event of the initial refusal of the inheritance or his death or recognition as an unworthy heir;
• the testator can express a “testamentary refusal”, which means the right of the donee to receive monetary support by living in housing, at the expense of property or in another way, excluding inheritance of property;
• The recipient may also be entrusted with instructions of an intangible nature, the so-called “testamentary assignments”, such as caring for the testator’s pet, etc.

At the same time, the law limits the willful disposal of acquired property with certain requirements:

1. Allocation of a mandatory share in the inheritance.
2. Prohibitions:

• to formalize such an order for a child and an incapacitated citizen;
• to a joint expression of will by two or more subjects;
• to hire a representative with instructions to draw up a will in his place;
• to an invitation to act as a witness for the recipient or his relatives; persons under the age of majority, incompetent, unable to read and write, mentally ill, who do not speak the language of the testator.

The main purpose of such restrictions is to protect the interests of the author of the will.

In general, the Civil Code of the Russian Federation has fairly detailed regulation of the procedures for accepting a will.

Procedure for registering a will

The validity of the document depends on how correctly the dying will of the citizen is drawn up. So the question of how to properly draw up a will is not an idle one. There are many nuances to this procedure, and they must be approached with all responsibility. And yet, what should a testamentary disposition look like?

Forms

The document is drawn up in writing and must comply with the requirements imposed on it by the Civil Code (Article 1124).

In addition to the handwritten version, the document is printed on a printer or typewriter.

Content part

The date in the posthumous disposition must be clearly indicated (necessarily in words), as well as the place of execution.

The text of the declaration of will must contain clear information about each heir:

• personal data (date of birth, place of residence);
• property to be transferred;
• as well as other instructions of the testator that he deems necessary to include in this document.

If the shares of the heirs are not specified, they will all be considered equal, and this may become the reason for lengthy proceedings on the division of property in court.

In order for the prepared document to gain legal force, it must be certified by a notary, and in other situations provided for by law, by the relevant official.

Actually, the testator can fill out the text of the will himself or a notary can do it from his words.

Documents for registration of a will

• form for expression of will;
• civil passport of the testator;
• receipt of payment of state duty;
• real estate documents.

Notarization

The document, which is recorded by a notary from the words of the expresser of the last will, is certainly provided to the latter for reading.

1. If the testator is unable to read the will himself, then it is read aloud, and on the document itself an appropriate signature is made listing the reasons why the person himself could not read what was written.
2. Signature of the testator. He personally signs the paper. When this was prevented by a severe illness, some kind of physical defect, or lack of literacy, then, at his request, a third party can sign for him, exclusively under the supervision of a notary. The order must indicate the reasons for this, along with the full name of the person who signed the document at the request of the testator and presented proof of his identity.
3. Witnesses. When papers containing the last will are notarized, a witness may be invited at the request of the author. At the same time, he also signs his autograph, and the document indicates his full name according to his passport.
4. Warnings The witness and expresser of the last will must be warned by the notary about observing testamentary secrecy. And also, before certifying the document, the testator is warned about the obligatory share in the inheritance, and a note is made about this.

The law provides for cases when a document is certified by other persons, and it has the same force before the law as if certified by a notary.

Who has the right to register a will?

1. For those serving a criminal sentence, the document will be certified by the head of the correctional institution.
2. For those undergoing treatment in medical clinics - the head physician.
3. For the military and their families - the commander.
4. For those on a voyage on ships flying the State Flag of Russia - the captain.
5. For those on expeditions - a leader.

About the witnesses

All of the above circumstances necessarily require the presence of witnesses: being in a clinic, a nursing home or other similar institution, serving in a closed military unit, serving a sentence in places of restriction of freedom, being on reconnaissance or survey expeditions, working on a ship. These include the expression of a person’s will in circumstances that pose a danger and threat to his life.

Will in a special situation

If a citizen’s position threatens his life, and therefore there is no possibility of writing a will in any other legal way, he has the right to express his will in simple written form. This will be recognized as a will when the document is written in the hand of the testator and signed by him in the presence of 2 witnesses, and the content of the document itself clearly indicates that it is a will.

But if, after eliminating the negative circumstances, a will is not made in another legal form within a month, the document loses its validity.

The last expression of will expressed in this way will be executed, but only when the court confirms the emergency of the circumstances, if so requested by the interested parties within the six-month period established for accepting the inheritance.

But there are other options.

Orders of depositors regarding their deposits in banks

Rights to funds in a bank account can also be bequeathed through a testamentary disposition in writing (Article 1128 of the Civil Code of the Russian Federation). The document will be certified by an employee of the financial institution, and it is considered as notarized.

The depositor has the right to give orders to one or more persons to whom the deposit is intended. In the latter case, it is advisable to indicate the size of each share, otherwise equal shares will be established.

In all these cases, the document, except the testator himself, is signed by the person certifying the document and one witness.

Document form

Features of the design of the type of documents under consideration are reflected in Article 1124 of the Civil Code of the Russian Federation.

According to the norm, a will must always be in writing and certified by a notary.

In some cases, it is allowed to certify a document by other persons (Article 1127 of the Civil Code of the Russian Federation).

The general requirements for a will are standard: the date and place of its certification, the signature of the testator.

If, due to certain circumstances, he cannot sign the will with his own hand, another person can do this for him in the presence of a notary. The main condition is that the text of the will itself must indicate the reasons why it is not signed by the testator.

If these rules are not followed, the testamentary document will be declared invalid.

At the request of the testator, the certification of the will can be observed by a witness, who must sign the document and indicate his personal information. Such a witness is warned about non-disclosure of testamentary secrets.

About maintaining secrecy

There are different types of wills: open and closed. First, about the latter.

Closed will

This type of document is drawn up if the expresser of the last will does not want anyone to know about its existence, and especially its contents. And he has the right to keep the essence of the document secret. The decision is made solely by the author of the will.

Such a document, written in the testator’s own hand and signed by him personally, is sealed in an envelope in the presence of two witnesses and, closed, is handed over to the notary. Witnesses must be present when drawing up a closed will.

Moreover, no one except its compiler gets acquainted with it and knows its contents, but all participants in the process sign the envelope. After which it is sealed in the second, and already on this the notary makes a note that the author of the document was warned not only about the handwritten writing and personal signing of the paper, but also about the obligatory share in the inheritance. The contents of the sealed envelope are revealed after the death of the person whose decision is expressed in the sealed will.

The procedure for drawing up an open testamentary disposition involves familiarization with it by the persons who certify the document, register, store it and are obliged to announce its text after the death of the testator. It is these people who keep their last will secret from other people.

Important! The secret of a will is the very fact of writing, its essence, including information about the heirs, property, adjustments made and cancellation.

The law also requires secrecy regarding the duplicate. Only the originator of the document has the right to receive it. And after death - his heirs, and only if they present the appropriate certificate from the registry office.

Failure to maintain secrecy can have unpleasant consequences. The responsibility of notaries for maintaining secrecy is determined by the basic legislation of the Russian Federation on notaries. And previously it only applied to them and employees of notary offices.

Article 1123 of the Civil Code of the Russian Federation establishes the principle of secrecy of a will for a wider range of persons obliged to keep the secret, and defines measures of liability for its disclosure. They also include witnesses and translators, the executor and the executor.

Important! The notary is obliged to warn all these people about the need to maintain secrecy and warn about punishment in case of its violation.

By the way, liability is also discussed in the provisions of the Criminal Code and the Code of Administrative Offenses of the Russian Federation. The above-mentioned entities do not have the right to disseminate any information regarding the will until the very moment of its opening or cancellation.

What sanctions can be applied

The violator may be charged a penalty or compensation for moral damage (this is most often), the legal relationship may be changed, or even terminated.

The decision is made by the court on the basis of a claim from the testator. And the amount of compensation is determined during the court hearing.

1. Administrative liability according to the Code of Administrative Offenses (Article 13.14) can be expressed in penalties of up to 1000 rubles. for citizens and up to 5000 for officials.
2. Criminal liability for such a crime provides for up to 4 years of imprisonment. And the notary will be excluded from the notary chamber of his region, and there can be no question of him carrying out further professional activities.

Important! Even if false information is disclosed, liability arises in the same way.

The concept of a closed will

A fairly common type of will, which has a number of features and difficulties, for example:

• The contents of a closed will are unknown to anyone, not even the notary. Only the testator himself knows reliable information about what the text of the document is.
• The document is transferred to the notary's office in a closed envelope, which is opened only after the death of the citizen within fifteen days. The text is read out in the presence of all heirs and witnesses.
• After the information is announced, a protocol will need to be drawn up, which will indicate the text of the will.
• A closed will comes into force after it has been promulgated.

Mandatory share in bequeathed property

A citizen who has decided to dispose of property according to his own understanding and who appoints heirs himself must understand that, regardless of his will, those to whom the state guarantees an obligatory share in the inheritance will be included in the number of heirs after his death. Persons in this category include:

• under the age of majority;
• disabled dependents (including parents, spouses of the testator and his children, regardless of age).

Mandatory share

The amount that the above-mentioned persons can claim is established by law - 50% (not less). It does not matter whether the property is willed or not. When a citizen (perhaps more than one) can count on an obligatory share, but he is not named as an heir under the will, the notary proceeds as follows: when the will is drawn up only for part of the property, the intestate inheritance is allocated first, but if it is missing, the remaining share of the property is allocated bequeathed

But there are cases when the mandatory share may be reduced:

• if she does not allow the heir to receive the property that is due to him under the will;
• when the inherited property is the main source of income for the heir, while the obligatory heir has never used that property.

When does a will come into force?

Advice from lawyers:

1. Where to apply for a will after death and when does its right come into force?

1.1. Immediately after death, the will comes into force. Within 6 months from the date of death of the testator, you must contact a notary with an application to accept the inheritance.

Did the answer help you?YesNo

1.2. Hello! You must contact the notary at the last place of residence of the testator. A death certificate, a certificate from the place of residence of the deceased, and property documents are required.

Did the answer help you?YesNo

1.3. In St. Petersburg, you can contact any notary of your choice. This must be done before the expiration of six months from the date of death of the testator.

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2. How to make a will? And when does it take effect?

2.1. A will is drawn up by any notary and is opened upon the death of the testator.

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3. How long does it take for a will to come into force?

3.1. After the death of the one who composed it.

Did the answer help you?YesNo

3.2. The inheritance can be accepted within six months from the date of opening of the inheritance (i.e. death).

Did the answer help you?YesNo

4. If the heir under the later and last will does not appear within 6 months but also does not write a refusal of the inheritance. Does a will written earlier come into force?

4.1. It is necessary to understand what the second will is about, whether it cancels the first one. According to clauses 1, 2 of Art. 1130 1. The testator has the right to cancel or change the will he has drawn up at any time after its execution, without indicating the reasons for its cancellation or change. To cancel or change a will, no one's consent is required, including the persons appointed as heirs in the will being canceled or changed. 2. The testator has the right, through a new will, to cancel the previous will as a whole or to change it by canceling or changing individual testamentary dispositions contained in it.

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4.2. Anna, No, she’s not joining. A later will revokes an earlier one. In addition, the heir under the last will has the opportunity to restore the missed deadline in court, or to declare the actual acceptance of the inheritance.

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5. My son died and I am his heir according to the will, he did not pay taxes for the apartment and penalties accrued, and also did not pay for utilities for about a year, the apartment was seized, the will comes into force in May, what should I do?

5.1. Hello. You can pay off your debts and then register the apartment in your own name.

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6. The father of my minor child left a will in 2013, in 2014 he got married, in December 2020 he learns of his death, in February 2020 the apartment is with his wife, in June 2020 the father dies. Only the child has inheritance rights. Does a will have legal force?

6.1. Please rewrite the text of the question. Nothing is clear from what is written...

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6.2. A will can be revoked by making a new will. A will essentially does not provide any guarantees. Property can be donated and sold during your lifetime, even if there is a will. And then there is nothing to inherit. In essence, a will turns into an unnecessary notarial piece of paper that can be put in a drawer and forgotten about.

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7. Question about the will. Which will takes effect immediately? That is, the person in whose name it is registered can immediately, for example, sell or re-register the bequeathed apartment to himself or only after the death of the testator?

7.1. It is impossible to accept an inheritance during the life of the testator. And a will is precisely the disposition of property after the death of the testator.

Did the answer help you?YesNo

7.2. The law establishes a period for accepting an inheritance, incl. according to the will - 6 months. An open will comes into force the next day after the death of the testator, and a closed will is announced within 15 days after the death of the testator. First, you need to go through the procedure of accepting an inheritance, registering it, and then you can make transactions to alienate it. Best regards, Svetlana.

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8. At the beginning of January, my mother’s will comes into force. She bequeathed all the property to her sister. My sister and I agreed on the division of the bequeathed property. What actions need to be taken to divide property and how much will it cost in St. Petersburg? Thank you.

8.1. Alexei! You do not have a question, but a legal situation that needs to be carefully analyzed by an experienced lawyer. Contact the lawyer of your choice directly, in person or by email. After presenting your detailed explanation, answer clarifying questions, and only after that they will be offered an option (or options?) for solving the problem. I would like to note that so far you have presented the situation extremely poorly. Good luck!

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9. On August 7, my husband died. and left me a will for his share in a 2-room apartment 1/8. the apartment is privatized. The daughter is registered in the apartment but does not live. If I understand correctly, the new law on wills comes into force on September 1. The daughter said that she would sue to refute the will. Under what conditions can she win in court and according to the law, if there is a will, she can claim 50% of 1/8

9.1. Hello Anna! A will may be declared invalid by a court decision, in particular, in the following cases: the person brought as a witness, as well as the person signing the will at the request of the testator (paragraph two of paragraph 3 of Article 1125 of the Civil Code of the Russian Federation) does not comply with the requirements established by paragraph 2 of Article 1124 Civil Code of the Russian Federation; presence during the preparation, signing, certification of a will and during its transfer to a notary of the person in whose favor the will was drawn up or a testamentary refusal was made, the spouse of such a person, his children and parents (clause 2 of Article 1124 of the Civil Code of the Russian Federation); in other cases, if the court has established the existence of violations of the procedure for drawing up, signing or certifying a will, as well as deficiencies in the will that distort the will of the testator (clause 27 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of May 29, 2012 No. 9 “On judicial practice in inheritance cases”) . The following have the right to an obligatory share in the inheritance:

Minor or disabled children of the testator, his disabled spouse and parents, as well as disabled dependents of the testator who are subject to being called to inherit on the basis of paragraphs 1 and 2 of Article 1148 of this Code. These persons inherit, regardless of the contents of the will, at least half of the share that would be due to each of them upon inheritance by law (mandatory share) (clause 1 of Article 1149 of the Civil Code of the Russian Federation).

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10. Please tell me if there is such a will that comes into force after I come of age.

10.1. The testator has the right, at his own discretion, to include instructions in the will. The testator has the right to assign to one or more heirs by will or by law the fulfillment, at the expense of the inheritance, of any obligation of a property nature in favor of one or more persons (legatees), who acquire the right to demand the fulfillment of this obligation (testamentary refusal). For example, a grandmother may oblige her daughter to transfer ownership of part of the inherited property to her granddaughter when she reaches the age of 18.

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10.2. Hello, Anya! Yes, such a will has a place, since by law the testator can include in the will a condition regarding the possibility of inheritance when you come of age.

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11. The will comes into force in September. Does my sister have the right not to let me into my mother’s apartment, where 1/2 is mine according to the will?

11.1. Good day! The will is opened on the day of opening of the inheritance (on the day of death) Art. 1114 of the Civil Code of the Russian Federation, and you enter into inheritance within 6 months. With a will, you can apply for an extract from the Unified State Register of Property Rights. In addition, according to Part 4 of Article 1152, an accepted inheritance is recognized as belonging to the heir from the day the inheritance is opened, regardless of the time of its actual acceptance, as well as regardless of the moment of state registration of the heir’s right to the inherited property, when such a right is subject to state registration. Therefore, you can safely contact either the local police officer or/and the court if you do not establish contact... Good luck!

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11.2. Not entitled. You need to go to court with a claim to remove obstacles to the use of housing. I advise you to contact a lawyer regarding this issue. With respect, lawyer in Volgograd – Stepanov Vadim Igorevich.

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12. Seven years ago, my mother died and wrote a will for real estate for two. We have not yet entered into the inheritance because our brother is absent. Because of the passage of time, is the will still valid? Can I join myself if my brother is not there yet?

12.1. Hello Gennady. Who uses this property today? This time. We need to answer. Next, in any case, you need to contact a notary with an application for inheritance. She will refuse, then you will need to go to court. It is better to do everything with a lawyer. He will look at everything and help. Otherwise, our consultation will be incorrect. Good luck.

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12.2. Good evening. The period for entering into inheritance is six months. You missed it. You could accept the inheritance without your brother. However, they did not exercise their right. You have no valid reasons for missing. You have lost the right to inherit property.

Did the answer help you?YesNo

13. Please tell me, from what moment does a will come into force after the death of a person?

13.1. There is no such thing as “a will comes into force.” The inheritance is severed with the death of the testator. If you are indicated in the will, you have the right to submit an application for acceptance of the inheritance within 6 months from the day following the day of death of the testator (Article 1154 of the Civil Code of the Russian Federation), to the notary at the place of its opening (Article 1115 of the Civil Code of the Russian Federation).

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13.2. The heir has the right to enter into inheritance rights after: months after the opening of the inheritance, the question is not clear what exactly they wanted.

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14. My grandmother and I live in the same apartment, my grandmother drew up a will for me in the 90s, but I want to draw up a deed of gift for myself, can this be done at home, and how much money do I need for a notary? Surely, can I go to the MFC later or not? or leave everything as it is, but my sister says that the will can be rewritten, and is it possible to draw up a purchase and sale agreement?

14.1. Hello. 1. Under a gift agreement, one party (the donor) gratuitously transfers or undertakes to transfer to the other party (the donee) an item of ownership or a property right (claim) to himself or to a third party, or releases or undertakes to release it from a property obligation to himself or to a third party . If there is a counter transfer of a thing or right or a counter obligation, the contract is not recognized as a donation. The rules provided for in paragraph 2 of Article 170 of this Code apply to such an agreement. 2. A promise to transfer a thing or property right to someone free of charge or to release someone from a property obligation (promise of donation) is recognized as a gift agreement and binds the promisee if the promise is made in the proper form (clause 2 of Article 574) and contains a clearly expressed intention to commit future gratuitous transfer of a thing or right to a specific person or release him from property obligations. A promise to donate all of one’s property or part of one’s entire property without indicating a specific object of donation in the form of a thing, right or release from an obligation is void. 3. An agreement providing for the transfer of a gift to the donee after the death of the donor is void. The rules of civil inheritance law apply to this type of gift. The owner can give it as a gift.

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15. Is this form of will acceptable?” I bequeath my apartment. Full name - relative. The contract comes into force only after the death of my husband. - full name." That is, so that the testator would enter into the inheritance only after...

15.1. Dear Mikhail, in accordance with the requirements of the law, a will is drawn up by a notary and comes into force only after the death of the testator; the heir accepts the inheritance only after his death.

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16. D) The will comes into force after the death of the testator. Certificate of ownership after acceptance of inheritance. From what point does the 3-year report start (if I decide to sell the apartment?). From the date of death or from the day the certificate was received? Thank you.

16.1. Hello, Five years must pass from the date of registration of your title for you to be exempt from paying tax. Good luck and all the best.

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16.2. Hello! The period begins to run from the moment of registration of your ownership of the inherited property. Good luck to you. Thank you for visiting our website.

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16.3. The inheritance is considered to belong to the heir from the moment of its opening, that is, from the moment of the death of the testator. Article 1152 of the Civil Code of the Russian Federation.

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17. E)) From what moment does the will come into force (from the date of death or when the certificate for the apartment is issued?). How long can I receive a certificate after entering into an inheritance?

17.1. The will comes into force from the moment of death of the testator. You can obtain a certificate at any time; the law does not specify a period during which it can be obtained.

Did the answer help you?YesNo

17.2. Hello. After you have received a certificate of inheritance, which is issued by a notary (6 months after the death of the testator), you apply to the registration authority to obtain a certificate of ownership. Registration takes approximately 2 weeks, but timing may vary in different regions.

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18. Help me figure it out: my sister, a pensioner, has the right to 1/4 of the inheritance bequeathed to me by my father; for refusal, she demands a certain amount of money from me. The will comes into force in October of this year. How and when should I give her the money and formalize everything so that she can write a waiver and I won’t have any problems in the future?

18.1. Select a lawyer on this site and order a private consultation on this issue, either by writing to him by email or by calling him by phone.

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19. The husband’s father, who is also the owner of the residential premises, wrote a will for his son and dies. Six months later, the husband's mother takes over the inheritance. The previous will becomes invalid and the husband’s mother can write a will for any of her relatives after inheritance?

19.1. Good evening Since the mother has entered into an inheritance, she is now the owner of the residential premises and can draw up a will.

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19.2. Hello. Why didn’t the husband enter into the inheritance if there was a will? Now the mother is the owner and she can make a will for any of the relatives.

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20. The will comes into force in June, it is better to sell the garden plot now, how can this be done?

20.1. Inna. What are you speaking about? The will takes effect when the testator dies. But you won’t understand what we’re talking about. Good luck to you. Anna Titova.

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20.2. Hello, you can draw up a preliminary purchase and sale agreement and receive money. When to formalize the property rights then sign the contract. But this is if the buyer agrees.

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20.3. Good day! Do you mean that the inheritance case will be closed in June (i.e. after 6 months from the date of death of the testator)? If so, then the heir does not have the right to dispose of the property (including sell) until he receives a certificate of the right to inheritance from a notary and registers ownership of it. Good luck and all the best!

Did the answer help you?YesNo

If the wife does not inherit after six months according to the will, then does the right of turn come into force? Or does the inheritance automatically become her property?

The mother wrote a will for her two daughters, and six months later it comes into force.

My husband's father died. He is the only heir. There is a will. How and when a will comes into force (movable and immovable property)

The first will was written in Ukraine for all property (not annulled).

The law came into force on July 4, 2016 1154 of the Civil Code of the Russian Federation stating that inheritance is entered into within six months. Grandfather died in March 2020,

After the death of my husband, I have a privatized apartment and two 27-year-old children (they live and are registered separately).

The will was written for one child, for me. Due to my stupidity, I missed the deadline for entering into an inheritance, i.e.

My father died a long time ago, the house is in his name, but there is also a will for his five children.

After the death of the mother, the apartment, according to the will, passes to the daughter, who lives and is registered in this apartment.

Please tell me if it has a legal entity. A will drawn up by hand and not certified by a notary.

Entry into inheritance

If you still don’t know when a will comes into force after the death of the testator, remember. In order to enter into inheritance, the heir has six months. This is established by law.

How to do it?

Within six months, contact the notary office closest to the place of residence of the deceased and present the following papers:

• passport;
• will;
• death certificate;
• certificate from place of residence.

When for some reason the deadline is missed, you will have to go to court with a claim to restore your rights.

From the very opening of the inheritance, it belongs to the heir, regardless of the actual acceptance or the time of state registration and paperwork.

If one of the heirs, six months later, has restored their inheritance rights, the heirs are determined anew by the court, and previously received certificates are declared invalid. But the heirs can come to an agreement without resorting to legal disputes.

Inheritance by law - characteristics

When does a will come into force? Before answering this question, a person must understand what this or that type of inheritance is. This knowledge can help when drawing up a will.

Inheritance by law is a way of receiving property and some obligations of the deceased by his relatives by inheritance. Third parties will not be able to act as claimants for property in this case under any circumstances.

Inheritance “by law” will be carried out in order of priority. The closer the relationship, the higher the chances of receiving property. This is the most problematic option for heirs, but there is no need to prepare for it in advance.

How to find a will

In Russia, it is quite difficult to find out whether a deceased relative left a will. Keeping the will secret makes it impossible to know this in advance. Only after the death of a person can action be taken to search for a document.

Wills are not recorded in the Unified State Register, which only complicates the search and turns it into a real problem. And if the person named in the will as an heir does not assume this, there is a risk after six months of being left without his share of the inheritance, because it will go to the heirs by law.

So what can you do:

1. It is good to look in the apartment where the testator lived.
2. Contact the notary office closest to the registration address of the deceased, and if he is an old sick person, find out whether he has recently been in a medical institution or in a nursing home and contact the head of the institution, as a person who also has the right to certify the will.
3. Send a request to the notary chamber.

Perhaps one of the steps taken will bring results.

Invalid or void will

A will is considered invalid:

1. If it is invalid from the beginning, then it is void. These are recognized as wills, the execution of which violated the provisions of the Civil Code of the Russian Federation on the written form of the document and its certification, drawn up:

• incapacitated citizens or those with limited legal capacity;
• representatives of the deceased;
• on behalf of several persons;
• without witnesses;
• as well as those not written by the hand of the testator, when this condition is called mandatory.

1. If the court recognizes it as such, it is a contestable will. At the court hearing, the case will be considered based on the claim of someone who believes that the will violates his legal rights and interests. But he will do this only after the opening of the inheritance.

Minor violations of order (this includes typos and other little things that do not affect the understanding of the expression of will) are not sufficient grounds for the court to declare the document invalid.

If there are situations where:

• the witness does not meet the requirements of the law;
• there are doubts about the authenticity of the signature;
• the court was not convinced that the will was drawn up under extraordinary circumstances;
• the document was written under pressure or threat;
• the compiler did not realize what he was doing;
• The order may be declared invalid either in its entirety or in its individual paragraphs.

Such recognition will not deprive anyone of the right to inherit by law or by other testamentary disposition. When there is a document drawn up earlier, if the will is declared invalid in relation to the previous will, legal force will be restored. There was no such thing - inheritance will be carried out according to the law.

Cases involving voidable transactions or insignificant consequences are resolved within three years, after which the statute of limitations expires.

How to act correctly to challenge an inheritance will and prove its invalidity

It is allowed that heirs by law, applicants for the obligatory share, who do not agree with the decision of the testator, who believe that their rights have been infringed, in an effort to challenge the will, apply to the courts with claims to declare the document illegal.

Cases when a document:

• incorrectly composed or forged;
• does not contain the signature of the testator or it is falsified;
• compiled by an incapacitated person;
• violates the rights of the deceased’s spouse or other legal heirs;
• and also if the witnesses do not meet the requirements of the law.

True, grounds alone are not enough for a trial; it will require strong evidence provided to it. In this case, the arguments given by the heirs may be taken into account depending on the circumstances:

1. The plaintiff is convinced that the will was not executed properly. In this case, one can rely on the fact that the requirements for notarization were violated, the transaction could have been carried out through a representative, etc.
2. The heir believes that the real will of the deceased contradicts that stated in the document. There may have been coercion or an intellectual inability to control one's actions. And then you will need medical documents and witness statements, messages and audio recordings confirming the fact of threats, if any.

Important! The death of the testator is a key moment. Before this, it is impossible to challenge the document in court.

Validity

It is best for people who expect to receive an inheritance to let the notary know about this as quickly as possible in order to avoid the need to go to court and not waste their own time. But in some situations, the heir, due to certain circumstances, does not have the opportunity to declare his rights or is not at all aware of the death of the testator. What to do then?

After the will comes into force, the heirs must decide whether they want to become the owner of the inheritance or want to refuse it (Civil Code of the Russian Federation. Article 1157). According to the law, six months are allotted for this action and they begin immediately after the death of the testator (Civil Code of the Russian Federation. Article 1154).

Civil Code of the Russian Federation Article 1154. Deadline for accepting an inheritance

1. The inheritance can be accepted within six months from the date of opening of the inheritance. If an inheritance is opened on the day of the expected death of a citizen (clause 1 of Article 1114), the inheritance can be accepted within six months from the date of entry into legal force of the court decision declaring him dead.
2. If the right of inheritance arises for other persons as a result of the heir’s refusal of the inheritance or the removal of the heir on the grounds established by Article 1117 of this Code, such persons may accept the inheritance within six months from the date on which their right of inheritance arises.
3. Persons for whom the right of inheritance arises only as a result of non-acceptance of the inheritance by another heir may accept the inheritance within three months from the date of expiration of the period specified in paragraph 1 of this article.

Fake will

This is still the way to gain an inheritance. Moreover, it is not so easy to catch a swindler by the hand. On his side is the fact that the heirs become aware of such a document too late. As a result, the courts are considering cases challenging the last orders of the deceased.

The army of scammers that circulates in this area is not enough. Unscrupulous notaries and judges find themselves in the same “harness” with them, according to whose decisions the wrong document is recognized as legal. And most often they operate in the secondary housing market.

With the advent of the electronic register of wills, it becomes much easier for relatives to find out about the presence of this document. And an independent examination (handwriting and technical) will make it possible to reliably establish the legality of a testamentary disposition. There is hope that the problem may be closed.

In any case, it is not easy for legal heirs to defend their rights in court. It will take strong evidence to convince the court that the will is fake.

Features of different wills

Will for an apartment

When the owner intends to leave his own apartment after his death (this could be a dacha with a plot of land, a room, etc., a piece of real estate) to a specific person (a relative, a stranger or even an organization), it is advisable to draw up a will. This is also appropriate when there are no legal heirs or the existing ones are disliked by the testator.

The main thing is that the citizen is legally capable and all registration rules are followed.

Document text

It must contain the following information:

• last name, first name, patronymic of the testator, passport details;
• the essence of the last will and the conditions under which the inheritance can be received;
• description of the apartment, its exact location;
• last name, first name, patronymic of the recipient, date of birth of each.

In addition, the document must meet certain conditions - be written in the language of the testator, by hand, in legible handwriting without corrections or blots, with an accurate and very detailed description of the inherited property.

Will for a share in a privatized apartment

Today this is one of the most common types of inheritance. If the deceased owns a share in a privatized apartment, has appointed the future owner by his own will, and there are no legal heirs who claim the obligatory share or a spouse who claims the marital share, the heir can safely enter into the inheritance.

In the absence of such an order, the share of the deceased will be divided in equal shares between the legal heirs of the same order. Moreover, any of them has the right to refuse their own share or sell it to another heir.

Will for a car

In his last will, the testator may indicate a car as an inherited property. After the death of the owner of the vehicle, it will be inherited by the closest relatives by law. So, in order to avoid possible disputes, the testator has the right to name any person, regardless of the degree of relationship, to whom he will transfer his car, as well as other property, without violating the rights of other heirs.

And in the document itself, the vehicle should be described as accurately as possible.

Will with condition

This is a form of testamentary document (it is also called conditional), in which the testator can make the fact of acceptance of the inheritance dependent on some circumstance (encumbrance) and determine the conditions under which the heir will take possession. This condition itself becomes the basis on which inheritance relations arise, but only if it is fulfilled by the heir.

The condition mentioned in the will does not necessarily have to be associated with the heir or some of his actions (getting an education, having a child, living in a specific place, getting married, etc.), but at the time of opening the inheritance it must exist .

If the will of the testator is contrary to the law or moral standards, it will be considered void.

Will for a minor

Often, an order in favor of a child who has not reached the age of majority becomes a protection for him from the claims of unscrupulous relatives.

Minor citizens to whom property can be bequeathed can, by law, be anyone, a son, for example, or a daughter, a grandson, a nephew, even a conceived and unborn baby. The document may indicate several persons and determine the shares of each.

But when someone with the right to an obligatory share turns up and turns to a notary, the share will definitely be allocated to him.

Until the minor heir reaches his 18th birthday, he does not have the right to fully dispose of his property. If the testator has not appointed a property manager, transactions will be handled by guardians (up to the 14th birthday) or trustees (from 14 to 18 years old). But in any case, the transaction is possible only with the consent of the guardianship authority.

Will of an incompetent person

If such a document is drawn up, it does not have legal force. Only legally capable citizens have the right to bequeath their own property.

If a person is recognized by a court as having limited legal capacity, the consent of the trustee is required to draw up a will. If the court has declared a citizen partially or incompetent, he does not have testamentary capacity.

Grounds for amending a will

The testator has the right to change his will and at any time, after the will has already been drawn up, to edit it. At the same time, he is not obliged to explain to anyone the reasons for his decision.

The reasons for this decision may be different:

• when the testator decides to increase or reduce the number of recipients, their shares, make additional orders, etc.;
• errors were discovered during the life of the testator;
• when drawing up a will, pressure was put on the person; perhaps he was in a sick state; with recovery and identification of violations, a new version of the document was required, or even its cancellation altogether.

It happens that the new will turns out to be invalid by a court decision, then the old will becomes valid.

Cancellation of a will

The law does not restrict citizens from canceling a document expressing the citizen’s last will. Moreover, each subsequent expression of will cancels and replaces the previous one.

If the next will does not contain a direct indication of the cancellation of the previous one or individual orders in it, it still cancels it, perhaps only in part, which contradicts the newly appeared order. And after this, the previous document can no longer be restored.

When the deceased's newly expressed will is invalidated, probate is carried out in accordance with the last valid will.

There is another way to cancel a document. For this purpose, the law provides for a cancellation order (its form is in Article 1124 of the Civil Code of the Russian Federation). And then the previous will comes into force.

Important! If the will of a citizen is expressed in an emergency situation, it can be changed or canceled in exactly the same way.

It is enough to follow the procedure established by law and you can change your will as many times as you like.

Will. What do you need to know?

For most citizens, the decision on the fate of their property is not indifferent: how can they best manage it so that their loved ones do not subsequently have conflicts when dividing it? At a notary's appointment, the following questions are often asked: is it better to bequeath or donate, to whom and what can be bequeathed, who can receive a share in the bequeathed property, and some citizens have the opinion that a will can be challenged, but a donation cannot.

So, what do citizens who want to leave a testamentary disposition need to know?

The current legislation contains a definition of the concept of a will. According to Article 1040 of the Civil Code of the Republic of Belarus, a will recognizes the will of a citizen to dispose of his property in the event of death. A will is a unilateral transaction, the validity of which is determined at the time the will is made.

Only capable citizens have the right to make a will, i.e. from the moment of reaching 18 years of age. Heirs can be citizens who are alive at the time of opening of the inheritance, as well as those conceived during the life of the testator and born alive after the opening of the inheritance, legal entities created before the opening of the inheritance and existing at the time of opening of the inheritance, as well as the Republic of Belarus and administrative-territorial units. To make a testamentary disposition, a counter-will of another person is not required.

To certify a will, a citizen must personally come to the notary's office with an identification document. If a citizen, due to illness or other valid reasons, cannot appear at a notary’s office, a notary may be invited to certify the will at his location, for example, in a hospital or at home.

The will can be written by the testator in his own hand or recorded by a notary from the words of the testator in the presence of a witness.

Strict requirements are imposed on the form of the will, since failure to comply with the form of the will entails its invalidity. The will will be executed after the death of the testator and no corrections can be made to the incorrectly executed document.

A will can only be certified by a legally capable person.

The notary will definitely talk with the testator without outsiders - to clarify his actual will, to eliminate possible pressure on him, and explain his rights and obligations.

In accordance with Article 1044 of the Civil Code of the Republic of Belarus, a will must be drawn up in writing and certified by a notary, indicating the time and place of its preparation. The following must be indicated: surname, first name, patronymic, date of birth, personal (identification) number, place of residence of the testator, full name of the heirs. As a rule, in addition to the surname, first name and patronymic of the heir, the will indicates the degree of his relationship with the testator, if any, and date of birth. The text of the will must accurately reproduce the will of the testator; expressions containing contradictions and different interpretations should not be allowed in its text; there should be no erasures or additions.

If the testator cannot sign the will with his own hand due to illness, illiteracy, etc., then at his request, in the presence of a notary, another person can sign. If the testator is illiterate, the notary will read the will out loud to him, making a note about this in the text of the will.

If a notary draws up a will from the words of the testator in the presence of a witness, he will check his legal capacity and explain which categories of citizens cannot be witnesses and also cannot sign the will in place of the testator, namely: a notary or other person certifying the will; the person in whose favor a will has been drawn up or a testamentary refusal has been made, the spouse of such a person, his children, parents, grandchildren and great-grandchildren, as well as other heirs by will and by law; citizens who do not have full legal capacity; illiterate; persons with a criminal record for giving false testimony; citizens with such physical disabilities that do not allow them to fully understand the essence of what is happening; persons who do not sufficiently speak the language, with the exception of cases where a closed will is accepted by a notary.

Documents confirming the testator's right to the bequeathed property are not verified by a notary.

The will is certified in two copies, one of which is kept in the notary’s files, and the other is handed over to the testator.

At the request of the testator, the will can be certified by a notary without familiarization with its contents (closed will). The contents of a closed will are hidden from other persons, even from a notary. The essence of a closed will is that it must be handwritten and personally signed by the testator. Therefore, citizens who cannot write a will with their own hands do not have the opportunity to draw up a closed will. The closed will in an envelope is transferred by the testator to the notary in the presence of two witnesses who put their signatures on the envelope. When accepting such a will, the notary explains to the testator who has the right to the obligatory share and warns about maintaining the secrecy of the will.

A closed will has not yet become widely used and is very rarely certified by notaries.

Freedom of will is expressed in the fact that the testator can make any order of his own choice. The main thing is that it does not contradict current legislation and does not violate moral standards accepted in society.

Let's look at some points in more detail. The testator has the right:

distribute property to specifically specified heirs in any shares, both those included and not included in the circle of heirs by law;

distribute property between the heirs in any way and determine the shares of the heirs;

bequeath all property or only part of the property (the testator indicates “all my property that will belong to me on the day of my death, wherever it is located and whatever it consists of” or a citizen has the right of private ownership of a residential building and apartment, which he can bequeath, and the residential building will be inherited by law;

disinherit one, several or all heirs by law (you can directly indicate in the text that a specific heir is deprived of the right to inherit, or simply remain silent about the heir), however, it should be noted that disinheritance of heirs by law does not apply to his descendants, heirs by right of representation, unless otherwise specified in the will;

to assign an heir to both the heir by will and the heir by law in cases where the heir or heir by law appointed by him in the will dies before the opening of the inheritance or at the same time as the testator, or after the opening of the inheritance, without having time to accept it, or does not accept the inheritance, refuses from him, will not have the right to inherit, will be excluded from inheritance by a court decision as an unworthy heir;

make an order regarding the property, the owner of which he can become on the day the inheritance is opened (he is still planning to purchase an apartment);

appoint an executor of his will expressed in the will (executor);

impose on one or more heirs by will or by law the fulfillment at the expense of the inheritance of obligations of a property nature in favor of one or several persons (the testator has the right to impose the obligation to provide another person with lifelong use of residential premises and such right of lifelong use remains in force, even if the owner of the residential premises subsequently changes, this right cannot be alienated and it is not the basis for the legatee’s family to live in the specified residential premises;

impose on the heir (heirs) by law or will the obligation to perform any action of a property or non-property nature aimed at achieving a generally beneficial goal - assignment (for example, to transfer to a museum a collection of paintings that belonged to the testator or to keep and care for animals belonging to the testator, etc. .P.).

A citizen, making testamentary dispositions, canceling, changing in whole or in part, or drawing up a new will, can do this without notifying or explaining the reasons to the interested parties.

Freedom of testament is limited by the rules on compulsory share in inheritance. According to Article 1064 of the Civil Code of the Republic of Belarus, minor or disabled children of the testator, as well as his disabled spouse and parents, regardless of the contents of the will, inherit at least half of the share that would be due to each of them upon inheritance by law. In this case, the heir to the obligatory share must be a minor or disabled on the day of the testator’s death. Disabled people include citizens who have reached retirement age or are disabled. Let's give a simple example: the testator had two minor children, he bequeathed an apartment to a stranger, therefore two minor children will receive certificates of the right to inheritance according to the law for 1/4 share each in the specified apartment, and for 1/2 share a certificate of right will be issued for inheritance under a will.

In accordance with Article 1049 of the Civil Code of the Republic of Belarus, the testator has the right at any time to cancel the will he made as a whole, or change it by canceling, changing, or supplementing individual testamentary dispositions contained in it, making a new will.

Complete cancellation of a will can be done in two ways: by drawing up a new will or by destroying all its copies. You cannot destroy a will simply by tearing it up or crossing it out, since after the opening of the inheritance the heirs will receive a duplicate of the will kept by the notary.

The will is subject to execution after the death of the testator.

A will may be declared invalid in court at the suit of interested parties whose rights and interests have been violated after the opening of the inheritance, if it is proven that:

the will was made by a citizen who is incapable of understanding the meaning of his actions or managing them;

under the influence of deception, threat, violence, malicious agreement;

committed by a citizen whose legal capacity has been limited by a court;

committed by a citizen involuntarily due to a combination of difficult circumstances under extremely unfavorable conditions for him.

For certification of a will, a notary fee in the amount of 1 basic unit is charged. Citizens who have been assigned a pension in the Republic of Belarus, disabled people of groups I and II will be exempted by 50% from paying the notary fee for certificates of wills, upon presentation of a document confirming the benefit. If the will is written by a notary, then 20% of the base amount is charged for drawing up and preparing a draft will.

How does a will differ from a deed of gift?

This is a question many people ask when they think about the fate of their property after death.

Differences (the table shows individual characteristics of the documents)

And the conclusion is this: Donation is a bilateral obligation, mutually binding the rights and obligations of the donee with the donor, significantly limited in terms of the subject of the gift and the possibility of canceling one’s own decision. A will is a one-sided, personal expression of the will of a person only, protected by the requirement of maintaining secrecy, but at any time having the property of being revoked. A deed of gift ensures immediate gratuitous transfer of property, a will only after the death of the testator.

Translation of a will

It may turn out that a citizen’s property is located in different states. Then it will not be possible to do without translation of the testamentary document. Otherwise it will not be valid in foreign countries.

The testator will need an excellent lawyer and a good translator. After all, the document must be drawn up in strict accordance with the laws of the country for which it is written. Some places require notarization, some require the signature of a witness-executor. In most cases, an apostille is sufficient to legalize a will in a foreign country. But double consular legalization may also be required. Otherwise, the heirs will face many problems.

The transfer can also be made in the country of residence of the testator. But the legalization of a certified translation will still be required, so it is better to translate it before applying the apostille. If the translation is made in the country where the property is located, apostille will not be required, since the document will be certified by a notary of the country where the will was presented.

Each state requires its own version of the translation, and each time it must be notarized.

Video about the procedure for accepting an inheritance

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A will is a written expression of the will of a citizen, in which he leaves instructions about his property in the event of death. The document is subject to notarization. It can be issued by any citizen over the age of 18 with full legal capacity. However, during his lifetime, the testator has the right to rewrite the document as many times as he likes. Until the death of the owner, the text is not valid. Let's look at when a will comes into effect after death.

About the will tax

Legislators abolished the mandatory tax ten years ago. So there is no need to pay inheritance tax in 2020. The only payment that exists today is the state duty.

State duty

It must be paid when the heir acquires the right to inherit the property of the testator after his death (Chapter 63 of the Civil Code of the Russian Federation). Its size is determined depending on the degree of relationship and the value of the property. The heir will have to present a document indicating the value of the inherited object on the day the inheritance is opened.

For parents and children, brothers and sisters, as well as spouses, the duty will be 0.3% of the total cost, but will not exceed 100 thousand rubles.

Any other heirs must pay 0.6%, but not more than a million rubles.