How to properly draw up and write a will

How to correctly draw up a will for an inheritance during your lifetime

Sample will

1. If a citizen lives in a territory where there is no notary, then it is necessary to contact an authorized person. For example, the head of the local administration or other local government official (Article 37 of the Law on Notaries).
2. If the testator is serving time in prison, the director of the prison can certify the document.
3. When undergoing a long course of treatment in a medical institution, a person can contact the main or duty doctor of the institution.

The testator can write off any property that belongs to him by right of ownership or right of lifelong inheritable possession. You can also bequeath property that will be acquired in the future.

Writing rules

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

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

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

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

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

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

Testator's rights

The main feature of a will is the absolute freedom of its maker.

He completely determines the contents of the will, having the right to assign property to anyone, regardless of citizenship and family ties.

A will, as the basis for inheritance, decides the future fate of property.

Also, the testator can make a will in favor of a stranger, bypassing the direct heirs and without giving any explanations about his decision.

Why does a testator need a will?

A will is a one-sided transaction that takes into account only the will of the testator, and wanting to deprive someone of property, he can follow one of three paths:

• make a special order in the text of the written declaration of will;
• do not initially add the names of those deprived of property to the contents of the will;
• draw up a new will for the inherited property, taking into account the desired changes, thereby canceling the previous document.

However, the law provides for a category of people who cannot be disinherited even with the help of a certified order.

This:

• a child of the testator who has not reached the age of majority or is disabled;
• the husband/wife of the document maker, subject to his/her incapacity for work;
• parents;
• dependents.

On a note

The last category may include both relatives of the testator and completely strangers whom he helped financially during his lifetime.

All these persons have the right to a share of the property, regardless of the number of participants in the inheritance case and the text of the order itself.

How to write an uncontested will?

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

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

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

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

Legislation

All issues relating to the acceptance of inheritance under a will are regulated by the articles of the Civil Code of the Russian Federation.

They indicate:

• types of possible wills;
• procedure for obtaining property;
• invalidation of documents, etc.

Where to begin?

It is worth starting with the fact that a will is one of the types of unilateral transactions.

Its subject is the property of a citizen in the event of death.

Specific requirements are established for the form of this document:

• written form;
• certification by a notary in most cases, or by another authorized person (specific situations are discussed by the legislator);
• There are several forms of wills, the choice of which determines the procedure for drawing up the document and subsequent receipt of the inheritance - closed and open;
• the text must include a list of transferred property and heirs (it is noteworthy that they may not be relatives of the testator, but his friends or even strangers).

Contacting a notary

So, in order to receive an inheritance under a will, you need to find the office in which the citizen’s last will was formalized.

Usually one copy of the will is kept at home; it indicates which notary it was certified by.

If there is no access to the document, then the first thing you will need to do is contact the notary office located at the place of registration of the testator.

You need to have with you:

• death certificate;
• a document confirming family ties;
• passport.

Sample will

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

WILL

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

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

3. The text was written by me personally.

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

How to register an inheritance under a will?

How to properly register an inheritance if there is a will? To do this, it is necessary to take into account what property is being transferred.

The list of documents required for the procedure will also depend on this.

On house

To receive a house by inheritance, you must contact a notary and provide him with a will along with other documents, one of which is the title papers for the property.

They are necessary to issue a certificate of inheritance.

The object can be completely transferred to one heir or divided in any proportion between several persons.

For an apartment

To register an apartment as an inheritance under a will, you will need to perform the following steps:

1. Write an application for rights to inheritance (within six months from the date of its opening).
2. Provide documents for receiving property in the form of an apartment: death certificate, certificate in accordance with Form F-9 (certifies that this particular notary was involved in drawing up the will), will, title documents for real estate.
3. After submitting the listed documents, an inheritance case is opened. There is a need to collect additional documents, which include an agreement on privatization, a technical passport for real estate, and an extract from the register.
4. The next step is to pay the state fee, submit the receipt to the notary, and issue a certificate of inheritance in accordance with Article 1162 of the Civil Code of the Russian Federation.
5. The transfer of the object by inheritance is registered (takes place in the bodies of Rosreestr).

From the information listed above, it follows that obtaining an apartment by inheritance is not an easy procedure, which requires knowledge of the legal framework.

Here is a sample will.

Sample will for an apartment

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

WILL

G. ____________, (date of compilation in words)

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

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

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

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

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

How to make a will for inheritance

To determine the legal capacity of citizens specified in a testamentary disposition, one should take into account the provisions of Article 1111 of the Civil Code of the Russian Federation, which specifies two types of transfer of real rights from the deceased owner of property to legal successors. This is the drawing up of a will and the participation of relatives in inheritance according to the law in the order of eight stages, corresponding to the degree of relationship. The last stage provides for the claims of persons who are not relatives. If there are no applicants on the waiting list by law and there is no will, the property is classified as escheat and is transferred to the state.

In order for real rights to be transferred for their intended purpose, it is necessary to draw up a will correctly, without making a single legal error. Otherwise, his legal capacity can be easily challenged. The expression of the last will, taking legal form, is always drawn up in handwritten form. The compiler writes it personally, in the presence of a notary or a person replacing him.

According to Article 1119 of the Civil Code of the Russian Federation, the circle of persons included in the list of heirs is determined solely at the discretion of the testator . He has the right to include in their number not only relatives, but also other applicants. It can also transfer property in favor of legal entities or authorities, both municipal and federal. Putting pressure on the compiler is unacceptable. In this case, the compiler is required to take into account the allocation of a mandatory share of property to close relatives, which include:

• parents to whom adoptive parents are equated;
• natural and adopted children, to whom stepsons and stepdaughters are not equated;
• surviving spouse.

The testator's legal rights provide maximum guarantees . He has the right to invite a notary, and in situations where the invitation of a notary is not available or not provided for, the will is drawn up by an official included in the list of persons authorized to certify the text of the will (Articles 1124, 1125, 1127, 1128 of the Civil Code of the Russian Federation).

Subsequently, such a will is handed over to a notary and duly certified. An algorithm is also provided for the procedure for registering the last expression of will in emergency circumstances, when the likelihood of death allows for the provision of orders in the event of death (Article 1129 of the Civil Code of the Russian Federation). These documents are also subsequently transferred to the notary office at the place of last residence of the deceased.

Where to go to write a will?

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

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

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

Cancellation and modification of a will

There are two ways to cancel an old will: write a new one or submit an order for cancellation to a notary’s office. You can partially change the text by writing and notarizing a new document. The testator can perform these actions at any time after signing the will, without informing anyone (Article 1130 of the Civil Code of the Russian Federation).

When changing the will (partially or item by item), the text not affected by the adjustment remains relevant. Only the agreed provisions change. Even if the desire to change the item is not directly indicated, but the new text contradicts the old one, the change is counted.

A notarized will can correct any form of will documents. , only an old similar order can be changed with a new order for funds . The same applies to wills in emergency situations.

When opening an inheritance, only the latest version of the will is taken into account. If the document was completely canceled without drawing up a new analogue, the heirs by law .

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

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

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

Grounds on which you can challenge a will

Here are a few basic conditions based on which you can challenge the last will:

• The document was created only because the intended heir misled the testator by offering him various benefits in exchange for bequeathing the property.
• At the time the document was written, the testator was incompetent or his legal capacity was limited.
• The testator did not control his mind and did not account for his actions during the preparation of his last will. This could happen due to drug use, alcohol intoxication, or the presence of mental illnesses forcing the testator to take psychotropic medications.
• The document was not drawn up according to the good will of the testator. At this point, the testator could be intimidated by threats or violence, or subjected to deception.
• The testator, after being deceived or intimidated, signed a document that did not contain his will.
• The will is a fake. That is, the testator did not sign this document.

These grounds call into question the legality of the transaction. To prevent such a situation, care should be taken in advance to make it very difficult for a future disputant to prove in court that the testator at the time of drawing up the document was “out of his mind” or was subject to coercion.

Who necessarily receives part of the inheritance?

The following persons can very easily challenge a will for an apartment:

1. Children (persons under 18 years of age).
2. Children who are disabled.
3. Mother or father who are unable to work due to retirement age or a disability group.
4. A husband or wife who is also unable to work (retired, disabled).
5. Any other dependents of the testator.

All these people won't even have to contest the will in court. The law obliges the testator to give half of the premises, regardless of who the testator indicates as the heir. And the heir to the apartment will become its full owner only if he receives confirmation of the refusal of the above-mentioned persons from his half of the apartment. The confirmation must be notarized.

Important to know: If the property is not the property of the testator, he can still bequeath it. To do this, you need to make sure that the inheritance soon completely passes to the disposal of the testator.

The procedure for registering documents for all property

The procedure for registering a will involves the following scheme:

1. A document is drawn up that contains all the necessary points;
2. The person goes to the notary's office, accompanied by two witnesses, and has the paper certified. You must remember to take all the required documents;
3. If the person is in an extremely unstable condition, the notary can carry out the procedure at the specified location;
4. If a person changes his mind regarding any points of the document, he can correct it at any time or simply revoke the will;
5. All clauses come into effect only after the death of the testator.

Following this, the procedure for entering into an inheritance under a will begins. This is the standard scheme. With a closed will, it will be slightly different: the paper is placed in an envelope, and the notary should not know about its contents.

How many wills can a testator make?

The legislation does not establish restrictions on the number of testamentary acts. The only condition for recognizing them as valid is that the content of each subsequent document must not contradict the previous one.

The testator, for example, can draw up an order regarding funds stored in bank accounts, a will for the distribution of property between relatives, or a testamentary disclaimer. All of them will have equal force if there are no conflicting instructions, for example, regarding the receipt of a share of property by a relative and a testamentary refusal in relation to this property.