Will for an apartment: pros and cons for the owner and heir

Every person has the right to dispose of his own property. Such a right may remain with a citizen even after his death. A will is the legal basis by which the testator authorizes the division of his property in accordance with his will. In it, the citizen clearly identifies the persons who will be the heirs of the property left behind. When drawing up, you should take into account the pros and cons of a will for an apartment.

The owner can correctly draw up a will if he uses the services of a notary , as well as the laws prescribed in the third part of the Civil Code of the Russian Federation for 2021. The mandatory rule for drawing up a will according to the Code is the free expression of the will of the owner. Along with drawing up a will, citizens who by law have a share in the property are taken into account - pensioners, disabled people and children under 18 years of age. Regardless of the will of the testator, they are entitled to a part of the property.

Important aspects to know before compiling

It is necessary to familiarize yourself with the rules for the entry into force of a will so as not to challenge it in court:

  1. To prevent a problem, an application must be drawn up only by a legally capable person. Also, the document must have signatures with details according to the template offered by the lawyer. A competent person is an emancipated person (16 years of age), who has reached the age of majority and has no restrictions on the disposal of his or her capabilities.
  2. The declaration of will is written independently. It is not recommended to involve a trusted person, but this is not prohibited by law. Through a power of attorney, a document can be revoked through the court.
  3. The will of the owner is stated in the testamentary document. The drafting of a document describing the collective wishes for the disposal of the apartment is excluded.
  4. The recording is carried out by the owner of the property or a person authorized to do so, based on the words of the person submitting it.

Important! The legal capacity of the testator, as well as the persons signing the document, is judged personally by the notary. The lawyer will require medical certificates confirming sanity.

Concept

What is a deed of gift for housing after death? Strictly speaking - nothing .

The deed of gift, which was drawn up, may even have paid a notary for it, but is not supported by the re-registration of ownership .

Or it is a document containing a clause about the transfer of square meters into the hands of the recipient only after the death of the previous owner (which is directly prohibited by law ).

One of the irrevocable conditions for the transfer of property as a gift is the presence of both owners of the property, the former and the future, during the re-registration procedure.

Both of them must appear at the Registration Chamber or the Cadastral Chamber with a package of documents to register the transaction. The agreement will be signed there - in the presence of an official. Only in this case can you expect that the transaction will be registered.

No, they can also refuse for other reasons, in particular - an incorrectly executed transaction agreement or some document is missing, but the absence of one of the parties is precisely the factor that makes further execution impossible.

The deal is completed by the cadastral extract received by the new owner from Rosreestr after successfully completed verification and registration. The shorter the period between drawing up the deed of gift and re-registration of ownership, the better.

Read about the specifics of registering a donation of living space with the donor’s right of lifelong residence in our article. Also find out whether donated real estate can be donated, sold or returned.

Types of wills

The testator must himself determine in what order the transfer of real estate is carried out: by order or by law. Coercion to draw up an administrative document is excluded. It is also possible to transfer title documents to an object in other ways. It is possible to draw up a gift agreement for the citizen to whom it is planned to transfer the property.

How to draw up a will correctly:

But this option of how to register for real estate has the following nuances:

  • when transferring property, the obligatory share in the inheritance may not be taken into account, i.e. the apartment may be completely transferred to the citizen;
  • the donee is immediately transferred to ownership of the property during the lifetime of the current owner. Disputes arise if the owner wishes to exercise rights to the property;
  • judging from the financial aspect, donation is a more profitable solution if legal relations are concluded between relatives. In another case, the donee will need to pay tax on the income of an individual, since the value of the real estate will be regarded as profit;
  • a gift agreement is one of the agreements that can be contested for several years, since the process is quite complex;
  • the donor cannot simply cancel the agreement, unlike a testamentary document;
  • a deed of gift comes into force after the right is formalized, and a will comes into force after the testator dies.

The option of transferring real estate is selected depending on the actual situations. If the donor is on good or related terms with the potential applicant for the item, a deed of gift would be a beneficial option for transferring real estate. The inheritance can also be transferred by will or legally (according to the order).

For a minor child

Advantages:

  • Due to his age, a minor legal successor will most likely not show interest in the testator’s property. The likelihood of selfish behavior regarding the testator is extremely low.
  • A minor successor, along with capable relatives, can become the full owner of real estate.
  • Without serious grounds, no one will be able to challenge the document.
  • In this situation, there is no possibility of a quarrel among other claimants to the property.

Flaws:

  • Adult relatives can complicate the process of transferring property to a child by wanting to challenge clauses in the will.
  • The birth of another applicant may cause a change in the previously executed will.

Pros and cons of a will for the testator

There are pros and cons to the procedure for transferring one's rights to an object for both the successor and the testator. But for citizens who receive an item after a deceased person, there are more disadvantages and prohibitions.

Among the advantages:

  • the ability to cancel the document at any time during your lifetime. There can be many situations requiring changes in the document: a change in the share that will be received, a deterioration in relations with the heir, etc.;
  • distribution of property at its discretion to two or more heirs who cannot claim it;
  • quick registration that does not require significant expenses. The heirs will have to pay a fee for the opportunity to enter into inheritance rights;
  • heirs do not receive rights to the object until death is recorded, so the testator can use his property with full right;
  • the right to transfer an apartment under certain conditions: ensuring the right of residence to another person or several.

The heirs do not have to be informed about the existence of a registered order, which will eliminate the possibility of influencing the testator through blackmail and threats. If desired, the document remains closed with the notary.

But shortcomings hold back the full opportunity to exercise one’s rights:

  • the heirs can challenge the documented text, for example, after presenting evidence that the person was under the influence of narcotic drugs at the time of drawing up his statement;
  • the shares of some heirs must be taken into account;
  • a will has a form strictly defined by law, which is often inconvenient to implement in practice.

A will for an apartment between close relatives presupposes the existence of mutual obligations.

Practical features

The transfer of an apartment by inheritance is carried out in the general manner, like the transfer of any other objects. The legislator has not introduced significant restrictions in this regard.

At the time of signing the will, the testator is not required to confirm his ownership of the apartment he is transferring. However, if he does not turn out to be its owner at the time of death, then the transfer of the object will not be carried out, and the disposition will be considered void in whole or in part.

The order can be changed at any time. Or draw up a new document without canceling the old one. Then the last one is considered valid. If more than one order is challenged, then each of them should be canceled separately; canceling one does not mean canceling all of them at once.

Drawing up an order will not cost the citizen a large sum. In total, taking into account the payment for legal and technical services of a notary, you will need to pay a couple of thousand rubles. The main expenses await the successor.

If a will was drawn up, but after it the owner transferred the housing as a gift to another person, the order loses its legal force, since at the time of death the citizen will not be the legal holder of the property.

Pros and cons of a will for a successor

One nuance should be taken into account: regardless of the will of the owner of things, there is a mandatory property share that is transferred to the heirs by law, so you should correctly draw up a will in order to avoid confusion at the time of opening the inheritance.

Flaws in a will can sow enmity between relatives:

  1. Due to the permissibility of making changes to a will, the latest changes will be carried out.
  2. Relatives may remain in the dark until the inheritance is opened.
  3. During the acceptance of an inheritance, legitimate claimants to the mandatory property share may be discovered. And this indicates the need for division of property.

But the heirs also highlight advantages for themselves:

  1. The legal heir will still receive his due share.
  2. Making a will and entering into an inheritance is a more profitable solution from a financial perspective when compared with a gift agreement.
  3. Property is transferred even to a non-relative person.

Expert opinion
Klimov Yaroslav

More than 12 years in real estate, higher legal education (Russian Academy of Justice)

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A share in real estate is transferred by will in the same way as the entire apartment. The applicant is given the right to common shared ownership with the actual replacement of the owner. When such property is transferred, the presence of a mandatory share is also taken into account. Dependents are entitled to half of the share allocated by law, and the remaining shares will be divided among other persons. A will can be drawn up without the consent of the owners of common property.

Legal norms on the transfer of inheritance by will

The legislation regulates the priority nature of inheritance under a will in comparison with the distribution of property according to the law, in order of priority. This means that, despite the presence of heirs, in any order, the property will go to those persons whom the testator indicated in the document. However, inheritance by will will not apply in the following cases:

  • if the will was canceled without drawing up a new one;
  • if the will was declared invalid;
  • all the heirs indicated in the document were found unworthy, refused to accept the property, died or did not assume their rights within the prescribed period.

In such cases, property will be distributed in accordance with the priority. As a rule, in such situations, property is received by close relatives, who are included in the first line of acceptance of the inheritance mass.

The legislation also provides for a mixed order of inheritance. It applies in the following cases:

  • if the will specifies only part of the deceased's property. For example, an apartment, and the deceased also owned a car and other valuables;
  • if the will was declared invalid in part.

In such cases, part of the property, the dispositions of which are indicated in the document and are not declared invalid, is distributed according to the will, and the remaining property passes to family members in order of priority.

When making a will, a citizen independently determines the circle of persons who will receive the property after his death. Moreover, the number of legal successors may not include the heirs of one of the queues. In addition, the testator can leave property to persons who are not at all related to him by family ties, organizations or the state. Also, a citizen independently distributes shares among legal successors, and no one has the right to interfere with this procedure or impose their will on the testator. The heirs may not even know about the existence of such a document. The law does not require informing successors and relatives about the existence of a documented will.

Making a will

To avoid quarrels and misunderstandings between relatives, you need to familiarize yourself with a sample will for an apartment.

To do this, let us turn to Article 1118 of the Civil Code, which outlines special requirements for persons formalizing their will:

  • personal presence is required, a power of attorney is permitted only in isolated cases;
  • there is only one testator;
  • a person with full legal capacity and common sense at the time of writing his appeal. The person must be clearly aware of what is happening and not be under the influence of drugs, alcohol or other drugs that affect the psyche.

Expert opinion

Klimov Yaroslav

More than 12 years in real estate, higher legal education (Russian Academy of Justice)

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A notary or an authorized person may doubt the adequacy of the person applying, so a medical examination certificate with a conclusion on the state of health and sanity at the time of execution of the will may be required. Such measures will be required for legal proceedings. The notary can provide certificates from medical institutions as evidence, so that there are no doubts or reasons to challenge the legal relationship.

Civil law establishes the conditions for how to draw up a will between relatives or third parties. A written document certified by a notary is required.

But in Part 1 of Article 1127 of the Civil Code there are special instructions. If it is not possible to contact a notary, the desire to transfer their rights can be realized by the following categories of citizens:

  • persons in a medical organization (chief physician);
  • the captain on board the ship;
  • persons leading expeditions and military units (chief).

The act is signed by the testator, the person entitled to certify, and witnesses.

Civil legislation also provides for and guarantees the protection of the sacrament of expression of will. The owner fills out the paper by hand, signs it and places it in an envelope. Once properly sealed, it will be handed over to an authorized person with at least two witnesses required to sign. The lawyer transfers the information into another envelope, where an inscription is made. If the procedure of a closed will is not completed in accordance with the provisions of the law, it will be declared invalid.

Open and closed registration also differ in the number of copies created: in the classic form there are two of them - a document transferred to the notary and the testator, but for closed registration a third copy will be required - for the certifier.

The person who wrote the application has the right:

  1. Change or cancellation of will.
  2. Selecting successors, determining their share or transferring the property to one.
  3. Providing conditions for obtaining real estate.
  4. Definitions of the bequeathed part.
  5. The choice of heirs includes both relatives: daughters, sons, spouses, sisters, etc., and strangers, including companies.

In Russia, the preparation of a testamentary document for a real estate is carried out only after the presentation of documents. There are copies of documents for registration by a notary.

The following data is indicated:

  • last name, first name and patronymic;
  • year of birth;
  • registration and permanent location;
  • information about the privatized apartment with area, address, etc.;
  • details of each recipient;
  • allocated parts;
  • information about witnesses;
  • date with signature.

You can also make a will for a child, but until the age of 18, the mother will be the recipient, since in extreme cases, after 16, you can freely dispose of your property.

What is the procedure for registering a will for residential premises?

When making a will, you should adhere to certain rules and procedures.

How long does it take to make a will?

It is possible to draw up a testamentary disposition within half an hour. If the document is already ready and only needs to be certified, this is done even faster.

Who can make up


Certification of the will by the chief physician
The testator himself has the right to draw up the text of the will. But according to general rules, only a notary is authorized to certify the authenticity of the document and the signature of the testator.

Exceptions:

  1. Absence of a notary in the locality - the functions of a notary are transferred to local government officials.
  2. Registration of a will abroad - notarial activities are entrusted to officials of consular institutions.
  3. There is an urgent need to draw up a will in emergency situations or other unfavorable circumstances that pose a threat to the life/health of citizens - it is allowed to draw up a will without notarization.
  4. Staying for treatment in hospitals, clinics, and other medical institutions in stationary conditions - wills are certified by the head doctors, their deputies in the medical department or the doctors on duty of these hospitals, hospitals and other medical institutions, and the heads of hospitals.
  5. Living in homes for the elderly and disabled - the will has the right to be certified by the director or head physician of a home for the elderly and disabled.
  6. Stay on ships sailing under the State Flag of the Russian Federation - the certificate is assigned to the captains of such ships.
  7. Departure for exploration, Arctic, Antarctic and other similar expeditions - the heads of these expeditions, Russian Antarctic stations or seasonal field bases will be able to certify the will.
  8. The deployment of military personnel, working civilians, members of their families and family members of military personnel in military units where there are no notaries - the will can be certified by the commander of the military unit.
  9. If you are in a place of deprivation of liberty, you should contact the head of the correctional institution for identification of documents.

Attention! Points 1-2 follow from paragraph 7 of Art. 1125 of the Civil Code of the Russian Federation. And wills executed in the manner specified in them are considered notarized. Clauses 3-9 are regulated by Art. 1127 Civil Code of the Russian Federation. Such wills are equivalent to notarial wills.

What does a will look like?

A testamentary disposition is drawn up as follows:

(DOC 13 KB)

Notaries often use special forms. But a handwritten version is also allowed.

What to do if division of joint property is required after the death of a spouse

When dividing an inheritance, one should also not forget about the possibility of having a spousal share in the total inheritance. If the testator acquired something from the property bequeathed to him during the marriage, then half of it belongs to his spouse on the basis of the provisions of Art. 34 RF IC.

The property minus the marital share passes into the actual inheritance estate.

See also:

How to divide the inheritance between heirs in 2021 - detailed description + instructions

Is it possible to challenge


Courtroom
Testamentary dispositions are very often challenged in court. Relatives do not want to come to terms with the last will of the deceased and believe that he disposed of the property while under someone else's influence or in a clouded consciousness (painful mental state).

According to general rules, it is possible to challenge a will if there are the following legal grounds:

  • Recognition of a testator as incompetent (including posthumously) both before drawing up a will and after - Art. 171 Civil Code of the Russian Federation.
  • Drawing up a will in relation to property, the disposal of which is prohibited or limited - Art. 174.1 of the Civil Code of the Russian Federation.
  • Recognition of a testator as a person incapable of understanding the meaning of his actions and managing them at the time of drawing up a testamentary disposition - Art. 177 Civil Code of the Russian Federation.
  • Making a will under the influence of a material mistake - Art. 178 Civil Code of the Russian Federation.
  • The testamentary disposition was drawn up due to threats, violence, deception, unfavorable circumstances - Art. 179 of the Civil Code of the Russian Federation.
  • For other reasons (violation of legal requirements, sham transaction, etc.) - § 2 of the Civil Code of the Russian Federation.

See also:

How to challenge a will in 2021 - step-by-step instructions

What are the alternatives?

Alternative options for making a will:

  • Giving.
  • Purchase and sale.
  • Exchange.
  • Lifetime annuity.

Crib

  1. For the testator, the safest and most profitable option is a will.
  2. A testamentary disposition in relation to real estate is suitable for heirs only if they are in no hurry to purchase housing as their own.
  3. For close relatives, a deed of gift is more beneficial than a will. When accepting real estate as a gift, such a donee does not pay state duty. When registering inheritance rights, a state fee is paid in most cases, and not a small one. Its size depends on the degree of relationship with the testator and the market value of the bequeathed property.
  4. For heirs, a will has more disadvantages than a gift agreement. The biggest one is the ability to revoke a testamentary disposition at any time without notifying anyone.
  5. The will is drawn up in writing and certified by a notary. The certificate itself will cost 100 rubles, but notaries also charge money for the execution of the document, since they draw it up on a form. In exceptional cases, certification by other persons is allowed.
  6. It is permissible to draw up a gift agreement in simple written form. Only subsequent registration of rights in the Rosreestr is required. That is, donation is also beneficial in terms of formalizing the transaction.

Have you ever had to deal with real estate alienation transactions? Which method did you choose?

Order of succession

In approximately 68% of cases, property owners independently manage their apartments and do not allow legal division. After opening a will, attention is paid primarily to the will of the owner, and not to the wishes of the persons inheriting the property right.

The order in which inheritance should be entered into is strictly prescribed in the Civil Code of Russia. There are several inheritance queues.

The first of them includes people related by blood (children and parents) and spouses.

Expert opinion

Klimov Yaroslav

More than 12 years in real estate, higher legal education (Russian Academy of Justice)

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If there are no persons in the first group, the right to own the property passes to the next group, which includes sub-heirs: grandchildren, grandparents, brothers and sisters.

If a will is made according to the law, the property is distributed in such a way that the largest share is received by the first in line, and the last by the sub-heirs.

Persons living in cohabitation with the deceased also have the right to receive a share in the objects of the will.

Taxation

Do I need to pay tax on housing received as an inheritance? Until 2006, an inheritance tax was established in the Russian Federation. It consisted in the fact that the heirs were required to pay an income tax of 13% on the inherited housing. Currently, tax must be paid only for the remuneration that the testator received as the author of a work of art or invention.

The heir will only have to pay the state fee. It will depend on the relationship the heir had with the deceased. For example, children, brothers (sisters), and spouse will have to pay a fee of 0.3% (up to 100 thousand rubles) of the value of the property received as an inheritance. Other heirs – 0.6% (up to 1 million rubles). Heroes of the Russian Federation and the USSR, WWII veterans and holders of the Order of Glory are exempt from such payments. In addition, persons who lived or are living in the inherited property before the death of the testator are exempt from the duty. It should also be remembered that the heir will subsequently be required to pay tax payments on the acquired property.

Challenging

A will is one of the types of legal relations. Like any document, a written statement of will can be challenged in court.

The reasons why citizens file a lawsuit are the following:

  1. If during the registration process the notary or authorized person has doubts that the owner was not in mental health and did not realize the significance of his actions. In this case, you need to prove the absence of physical and psychological abnormalities.
  2. When compiled using force or moral pressure.
  3. If, during the period of signing the expression of their will, the owner of the object was misled.
  4. If it is proven that the testator was incompetent at the time of writing the paper.
  5. If in the process of writing according to the form (template) gross errors were made and inaccurate information was provided.

Disputes begin after the heir files a claim and other necessary documentation. A will can be contested after it comes into force. According to judicial practice, a small percentage of documents are canceled by a court decision. Most often this happens if the interests of children are involved in the dispute. But only some clauses of the agreement on which persons are sued are recognized as invalid.

From the video you will learn what is needed to challenge an inheritance under a will:

What are the practical aspects of making a will?

In practice, the execution of a testamentary disposition and entry into inheritance under a will have certain nuances.

Is it possible to bequeath a non-privatized apartment?

Based on the literal meaning of paragraph 1 of Art. 1120 of the Civil Code of the Russian Federation it follows that the testator has the right to bequeath even property that he does not have, if he plans to acquire it in the future. Therefore, it is logical to assume that if the testator has municipal housing and the right to privatize it, he has the right to regard it as potential property.

Is it possible to bequeath a municipal apartment?

In this case, the apartment is also considered non-privatized, so the algorithm of actions will be identical to the previous one.

Is it possible to bequeath an apartment to several heirs?

The testator has the right to indicate several heirs as recipients of the same hereditary object - their number can be any. There are no restrictions in this regard.

Is it permissible to make a will with the condition not to sell the apartment?

The testator has no right to prohibit the heirs from doing anything with the inherited property. But it is quite possible to oblige a beneficiary or another person to perform some work, an order to do something by including this order in a will, including at the expense of inherited property.

Document storage period

Civil legislation also specifies the fact that all documents certified by a notary must be kept in the archives. This means that a will made during your lifetime must remain on the will register for at least 75 years. Thanks to this condition, it is possible to contact the archive to obtain a copy of the will. But this is permitted in exceptional cases specified by law. An application to receive a copy is submitted to the Chamber of Notaries, which is authorized to preserve the will.

The shelf life of the paper is also indicated - 75 years. The heir, whose rights were violated during the declaration of the wishes of the deceased, receives access to a copy of the document in order to challenge its legal validity.

Each notary has his own archive. But it happens that a notary leaves work, so he is obliged to provide his archive to the Notary Chamber. This body then deals with the transfer of wills to other specialists. This way, the testamentary paper will not be lost.

Expert opinion

Klimov Yaroslav

More than 12 years in real estate, higher legal education (Russian Academy of Justice)

Ask a Question

If during court proceedings the heirs do not have information about which notary certified the will, they should request the data from the Notary Chamber of the region. You should also submit a request for the disposition of the property under the will. After the register is checked, a notification is sent indicating the address of the notary holding the will.

Return

Is it possible to sell a donated apartment? Yes, we have already found this out. Only now the question remains: is it possible to return the property to yourself after concluding a gift agreement? Oddly enough, but here the answer is positive. This right applies both to the previous owner (until you receive the appropriate certificate) and to you if you made a decision to transfer the property. It's not that difficult to do.

Is it possible to return a donated apartment? Yes. But only if you can admit that the transaction is not considered valid. To do this, you must either have a sharply deteriorating financial situation after concluding the agreement, or evidence that the agreement was concluded under duress. There are also possible options for recognizing the donee’s actions as unlawful. We are talking about extortion, intimidation and other tricks in order to obtain real estate. In this case, the transaction will be declared invalid, and you will return your property.

Price

To accept a will, you need to pay a state fee and specialist services.

The amount of the amount in 2021 in Russia will depend on the degree of relationship and the value of the property:

  • 0.3% of the cost of the apartment for relatives, but not more than 100 thousand rubles;
  • 0.6% of the price for property for third parties, but not more than 1 million rubles.

The cost of the object will be determined after an assessment by a specialist or BTI. Typically, notary services cost up to 3 thousand rubles, depending on the region.

What nuances are important to consider?

  • Legal capacity. The law states that the person making the will must have legal capacity. In addition to the seriously ill, children under 18 years of age are considered incompetent.
  • Property can only be transferred if the testator himself has the right to own it.
  • You can transfer the inheritance to anyone, both relatives and those with whom the testator is not related.
  • Bequeathed material property can be divided into shares; the volume of inherited shares depends on the preferences of the testator.
  • The package of will papers is always in written form.
  • A completed will can be changed or canceled at any time.

Categories of heirs with an obligatory share in the inheritance

After death, a person's inheritance is distributed based on the will. But this does not mean that all property will be distributed only among the people listed in it. There are several categories of heirs who are required by law to receive part of the inheritance.

Among them:

  • A disabled spouse who is legally married.
  • Disabled children of the testator (natural and adopted).
  • Minor children of the testator (both natural and adopted).
  • Disabled parents of the testator (natural or adoptive parents).
  • Persons who have family ties with the deceased and have been supported by him for at least a year.
  • Persons who are not related to the deceased, but have been supported by him for at least a year.

Such categories are created by law to protect socially weak people.

How to register a will remotely?

It is not possible to register a will for an apartment remotely. It must be certified by a notary in the presence of the testator. But there are a number of situations when the functions of a notary can be performed:

  • Chief physician;
  • Captain of the ship;
  • Warden of the prison;
  • Leader of the expedition.

It is important to consider that they have such functions only in relation to their subordinates, patients (in the case of a doctor) or prisoners (in the case of the head of the colony).

The activities of a notary are also tied to a specific territory. The testator, of course, can draw up a will in another region, but this complicates the search for this document by his heirs.

There are a number of critical situations related to natural disasters and acts of terror, when a person can draw up a will on his own, without notarization. In such situations, there is a risk to the life of the testator, therefore the law allows for an exceptional procedure for drawing up a will. But at least two witnesses must be present.

Significant disadvantages

  • The heirs are not aware of the matter. After the death of the will maker, the heir must contact a notary. You can choose both public and private offices. The period for registering an inheritance is only 6 months, after which the will loses its validity and can be restored through the court, indicating a valid reason for the delay. If the heir is, for example, a distant relative who could not be contacted within this period, then he is deprived of the inheritance without ever knowing about it.
  • A will can cause a lot of disputes among heirs. Sometimes the list of heirs under a will can surprise or offend relatives. In such situations, it is difficult to avoid family quarrels and litigation.
  • A will is easy to forge. Unfortunately, there are people who cannot miss the chance to receive an inheritance, even if it is not intended for them.

Forging a will is not that difficult, but there are several ways to expose fraudsters:

  1. The will must be certified by a notary and entered into the register on the date indicated in the will itself.
  2. A number of examinations have been created that determine the match of handwriting or signature.

How to bequeath real estate correctly?

It is important to understand how to properly bequeath an apartment.
It is necessary to know the provisions of the law. It should be noted that since September 2021, a regulatory legal act has been adopted, according to which the rights of citizens to dispose of property in the event of death have expanded. The concept of inheritance fund was introduced. It is understood as a legal entity appointed to manage the estate of the deceased. Created at the request of the testator. An inheritance fund allows you to preserve a person’s property after his death and manage it the way he wanted it.

But most often, citizens make wills for close relatives.

To complete the document you need:

  1. obtain a certificate from a doctor confirming your legal capacity;
  2. collect a package of documents;
  3. contact a notary office;
  4. inform the specialist about your decision to bequeath the apartment. Consult on issues of interest;
  5. determine the type of will, heirs, conditions;
  6. provide the notary with the necessary documents;
  7. draw up the text of the will yourself or entrust it to a specialist;
  8. have the document certified by a notary.


The will must contain the following information:

  • passport details of the testator: date of birth, surname, first name, patronymic, residential address, series and number of passport, name of the authority that issued this document, date and place;
  • description of the apartment;
  • information about the heirs (their full names, residential addresses);
  • distribution of shares;
  • date, place of registration of the will.

If the shares in the will are not distributed, by default all heirs are allocated equal parts of the apartment.

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