Will for an apartment to a stranger

Who has the right to inherit?

Who has the right to inherit?

Current legislation does not impose age restrictions. The number of years lived has no legal meaning. A will for a minor is drawn up at any age from the date of registration and registration with the registry office. The only mandatory requirement for drawing up a will is the fact of being born alive.

The heir will be able to become the full owner of the property after reaching the age of majority, when he turns 18 years old. Writing wills for minors is a common practice, which is based on specific articles of the Civil Code.

Minor child and inheritance management

The articles of the Civil Code of the Russian Federation establish not only whether it is possible to make a will for minors, but also set out the rules for conducting such a procedure. So, despite the fact that children become the sole and full owners of values, they cannot dispose of them.

Most often, children receive real estate, a car, or a bank deposit from the testator. If there are no encumbrances and accompanying debt obligations, then the parents independently make a decision regarding the advisability of entering into inheritance rights. Otherwise, it is necessary to involve the guardianship and trusteeship authorities.

After registering ownership rights to objects, a minor citizen becomes the full owner of material goods and can use them at his own discretion. But the possibilities to dispose of property are very limited. The parents or legal guardians of the children decide what to do with the inheritance received.

If the heir is a minor child who has taken possession of the apartment, then the parents can make a decision regarding the sale of the property or rental on the basis of a commercial lease agreement.

When it is planned to alienate rights to own real estate, it is necessary to involve the guardianship and trusteeship authorities in the procedure. Unit employees are required to check whether the child is provided with other housing with the same or better conditions. If this requirement is ignored and the interests of children are violated, the purchase and sale transaction may be canceled and the objects returned to the previous owner - the child.

The order of inheritance by law

The legislation determines the priority for making claims under a will for property left behind by deceased family members. The orphan receives everything that the parents owned, regardless of whether they were legally married. The will does not leave young citizens (minors) without housing, with which they must be provided.

Parents living without marriage registration are responsible to their children. A distinctive feature characteristic of entering into an inheritance: after the death of their fathers, minors (children) are not deprived of the right to claim the wills of other deceased relatives.

The laws are designed so that the interests of the child are protected as much as possible. Therefore, the son and daughter are considered to be the primary claimants under the will. But when drawing up a will for an apartment, grandchildren, bypassing adult children, must sign and certify the corresponding document, on the basis of which they enter into inheritance after the death of the testator.

Advantages of a will for the testator

By drawing up a document, a person is not deprived of the right to dispose of his apartment, as happens in the case of a deed of gift; he cannot be deprived of his living space. At any time he can amend, cancel, change the will. To do this, you don’t have to cancel the previous one, you just need to write a new one and have it notarized. The order left later than others has legal force. It can contain the following conditions:

  • the duty to take care of a beloved pet;
  • list the persons who will retain the opportunity to live in the apartment.

The testator disposes of the property at his own discretion until the end of his life. He can sell it, rent it out, or donate it. If an elderly owner is being cared for by a stranger to whom he wishes to leave the apartment, a will is the best option. It allows you to protect yourself from scammers who want to take possession of other people's property by deception. No one will deprive the owner of his home; he can change the order and deprive any relative of his inheritance.

Three more advantages:

  • Any person, not even a relative, can be an heir by virtue of a will;
  • it will cost less to issue an order than a deed of gift;
  • is valid only after death, differing from a deed of gift, after which the apartment immediately becomes someone else’s.

Inheritance by minors under wills

Inheritance by minors under wills

Spouses and their parents most often make wills for children and grandchildren. The fact of legal capacity at the time of signing the expression of will and the absence of coercion are considered mandatory. Persons incapacitated are not allowed to sign a will.

The concept of a will, its form

Legally, a will is an officially executed and notarized document that sets out a strong-willed decision to transfer values ​​(in whole or in part) to a specific person. Mandatory condition: the testator must be the current owner of the material assets specified in the will.

According to the law, a will is a transaction concluded unilaterally. Minor heirs do not sign anything. Only notarization is required. The will is revealed when the former owner is already dead. The fact of death is fundamental in determining the timing.

Will for an apartment

Sometimes several people own a home. Unhindered acceptance of an inheritance for minors occurs when the testator was the sole owner of the home, otherwise the object of the will is the share of living space assigned to him. These are square meters, personal belongings, money or an equivalent to the cost of the housing due.

It is difficult to challenge the decision. By making a will, people provide their minor children and grandchildren with living space, solving the heir’s problems with purchasing real estate in the future. Features of registration - presence of a certificate of the owner, personal presence in the notary's office, payment of the state fee.

The text of the will indicates the address, footage, number of premises and other information about the object of the transaction. If there are several owners, it is necessary to describe the bequeathed share. When the apartment is divided in kind, no problems arise; otherwise, the square footage assigned to the testator is indicated, which forms his part of the total living space.

Who has the right to inheritance regardless of the will?

Minors and disabled children According to the legislation of the Russian Federation, all minors (under 18 years of age) are recognized as disabled, regardless of whether they are still studying or already working. Even if minor children are engaged in entrepreneurial activities or have registered a marriage, the right to an obligatory share remains theirs. The children of the testator, who after his death were adopted by another person, do not lose the right to an obligatory share, since at the time of opening the inheritance, a family connection remained between the children and the deceased parent.

For disabled children, the same rules apply as for disabled spouses and parents, described below.

Advantages and disadvantages

Advantages and disadvantages

The main legislative act, the Constitution, allows you to dispose of your own real estate. Is it possible to write a will for a minor child? It is possible, and this fact means that:

  1. The applicant will become the absolute owner of real estate or valuables.
  2. No one will be able to appeal the decision even in court without compelling reasons.
  3. Scandal among those claiming values ​​is excluded.
  4. The order of distribution is determined legally during life.

When making a will for a minor child, the pros and cons must be weighed carefully. Circumstances change, and in order to change the conditions, you will have to spend a state fee and spend time on re-registration.

Another disadvantage is the inability to take possession immediately. For this purpose, a deed of gift is issued for a minor. The birth of another child often becomes the reason for the desire to change the previously signed text of the will. But the state gives all children the same opportunities, regardless of the order of birth, and shares that are unchanged.

How to challenge a will

Only a court can declare an order invalid. To win the process, you will need compelling reasons, documents, and witness testimony. These include:

  • mental disorder, state of alcohol (drug) intoxication, stress, that is, all circumstances leading to an inability to understand and realize the meaning and consequences of what is happening;
  • forged signature, incorrect design;
  • discrepancy between the will of the deceased and the contents of the document.

The court may revoke the entire will or part of it. A document that is properly executed and notarized is difficult to challenge.

Depending on the relationship between relatives, the pros and cons of making a will for an apartment are individual. In order to divide the property among all heirs, you will have to sell it. This is easier to do for one person named in the will. Dependents may claim a mandatory share of the inheritance. A disposition gives a person the opportunity to express their final wishes regarding the distribution of property. Whether to agree with it or challenge it in court is a personal matter for the relatives of the deceased.

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The concept of a mandatory share

Everyone who has not reached the age of majority automatically becomes a claimant to half of the bequeathed estate, property values ​​and savings. In case of compulsory inheritance, a minor child enjoys the protection of the state provided for in Article 1149 of the Civil Code. A newborn is regarded as an equal citizen.

In each case of registration of inheritance, all circumstances are considered individually, and if there are two or more children, all of them have equal rights from birth. Therefore, when drawing up a will, it is necessary to take this aspect into account, so that later people do not waste money, time and nerves on litigation. The state determines a mandatory share for each newborn, either with or without a will.

Situations when the court does not side with the applicant rarely occur, but in practice it does happen. By law, the obligatory share is abolished or reduced if:

  1. There is a legal successor (under the will) who lives on the bequeathed area. This category includes property assets used to generate income (cars, production equipment, workshops, tools, etc.). Grounds – Part 4 of Art. 1149 Civil Code.
  2. The heir is declared unworthy. These are people who carried out unlawful actions towards the testator in order to obtain valuables. This also includes attempts to increase your share. Basis – Art. 1117 Civil Code.

In the first case, the court evaluates the property and financial status of the applicants and makes a decision that maximally ensures the safety of the obligatory share. In the second, the decision contains a complete refusal to implement the requirements. Often the judge finds elements of a criminal offense. In any case, a recalculation is made or a resolution is issued stating that the request is not satisfied.

The size of the will is calculated from the position of the volume of material assets due to the heirs if there is no will. In this case, the entire list is taken into account - these are the first-priority applicants (conceived children, spouse), as well as relatives by introduction (grandchildren, nephews). Everyone who can prove their relationship has equal rights.

This volume is formed from values ​​that were not bequeathed. But if their value is not enough, the bequeathed property is included in the calculation by reducing the share under the will. The mandatory portion is assigned by the court, which will determine its size and be able to refuse to satisfy the plaintiff’s claim. When it is a minor, this rarely happens.

If there is a will, who is legally entitled to the deceased's inheritance?

But this unlimited right of testament is limited by the right to an obligatory share in the inheritance. Thus, the law protects socially vulnerable citizens - children, disabled people, pensioners. A compulsory share is a part of an inheritance that is subject to inheritance by a certain group of heirs disinherited by a will.

  1. minors and disabled children;
  2. disabled parents of the testator;
  3. disabled husband/wife;
  4. disabled dependents.

Let us consider each category of heirs in more detail.

Peculiarities of the procedure for inheritance by a minor

Peculiarities of the procedure for inheritance by a minor

Before reaching the age of majority, a person cannot sign legal documents. But this does not mean that children are disadvantaged in any way: transactions are formalized by their parents, guardians, adoptive parents, acting on behalf of the wards. In litigation, the interests of children are protected by trustee bodies or persons responsible for education.

A reasonable question arises about how to enter into an inheritance for a minor child when his signature does not have legal force? Can trustees or guardians dispose of the portion due? The procedures for inheritance by minor children have their own characteristics, and no one has the right to make any decisions regarding the object of the claim.

If the teenager has already been issued a passport, then a birth certificate is not necessary, but it is better to take it with you in case you have to confirm the presence of family ties. When it comes to the actual will, this is not required, since all the information to identify the applicant is in the text, and one passport is enough. Photocopies are also valid.

But this does not mean that the young man has the right to immediately sell what he receives. He can sign a purchase and sale agreement only after he reaches the age of majority, and until that moment the property will be registered with him, and responsibility for its maintenance will fall on those who care for the child until he turns eighteen. Legal representatives cannot sell or exchange real estate, or rent out housing, since they do not have sufficient rights to do so.

Required documents

To go through the procedure for taking possession, you must contact a notary office. The applicant is a parent, guardian, trustee. You need to have with you:

  1. Papers stating that the applicant has the authority to represent the interests of the ward.
  2. A previously executed notarized will, if available.
  3. Documentary evidence of family ties confirming the legitimacy of the claims.
  4. Birth certificate of the heir.

Copies of all documentation are being prepared. You must also have the originals with you. A civil passport serves as identification.

A problem arises when the father is not listed on the certificate. If the parents did not legalize their relationship, and the child’s father was not included in the birth certificate, you will have to prove that the deceased citizen is the father. For this purpose, witness statements, DNA tests, etc. are presented. Judicial practice shows that such cases are resolved in favor of actual paternity.

Filing an inheritance application

You must appear at the notary's office. This must be the office in which the will was drawn up. Then everything can be resolved in one visit. Otherwise, you must obtain the original signed will. There are a number of restrictions:

  1. It is necessary for the testator to express his own will.
  2. Six months must pass after the death of the testator.
  3. A child conceived but not born is not a legal entity.
  4. The application is written by authorized people.
  5. Papers are subject to notarization.

If the fact of birth is confirmed, a certificate has been received, and all documentation is available, a sample application can be downloaded on the Internet or obtained from a notary.

It describes everything that the applicant is applying for. A list of documentary evidence of the fact of voluntary transfer at the request expressed during life is provided. The day of compilation, place, signature with transcript are required attributes. All this is certified by a notary. An identification number is assigned and the data is entered into the register.

Conducting inheritance business by proxy

The fact that a child enters into an inheritance involves the preparation of legal documents. The procedure can be entrusted to a professional lawyer. To legitimize his powers, you need to write an appropriate power of attorney and have it certified by a notary. The text indicates the boundaries of authority:

  • drawing up statements on behalf of the principal;
  • filing claims and petitions;
  • representation in court and government bodies;
  • other.

In the case of a minor, the principal is a parent, guardian, or trustee. When registering a power of attorney, you will have to pay the state fee determined by Article 333 in paragraph 24 of the Tax Code. The receipt is an integral part of the applications, the list of which is indicated in the corresponding section of the text.

Simplified procedure for inheritance

No one has the right to evict children from housing if they lived at the specified address until the death of the testator. If there are no wills for apartments for a minor child, he will go through the procedure according to a simplified procedure. In basic aspects it is identical to the standard one with the exception of a few characteristic features.

The procedure involves an expert assessment of the value of the inherited property. In this case, there is no state duty. Minor children are exempt from paying, which simplifies entry. When registering through a proxy, it is necessary to notify the guardianship and trusteeship authorities. All permits are documented.

Deadline for inheritance

In this aspect, they are guided by generally accepted legal norms that determine the six-month period. During this period, you can register ownership of the property under a will. 6 months are given to collect documentation, pay state fees, file an application or claim in court. However, there are a number of cases when the procedure does not require the presence of adult representatives.

The beginning and end of this period are stipulated by Articles 191 and 192 of the Civil Code of the Russian Federation. The first day is the date of death of the testator indicated on the death certificate. From that same day, the inheritance is considered open, and all applicants can make claims to the property assets owned by the deceased.

In cases where it is impossible to establish the exact date of death, when calculating the entry period, the date determined by the court is taken as the beginning of the period for disclosing the will. Paragraph 3 of Article 45 of the Civil Code of the Russian Federation states that if there is no such date in the resolution, you should be guided by the day when it came into force. In any case, the period is calculated in a six-month period.

Difficulties arise when property is divided according to a will drawn up by a missing person. The person is listed as alive, but in fact he is not. For such cases, there is a separate procedure for declaring him dead after a specified period. The final confirming order is the court decision.

Will for a minor

Advice from lawyers:

1. Can a grandmother write a will for her minor grandson?

1.1. Yes maybe. The Civil Code does not prohibit bequeathing property to minors.

Did the answer help you?YesNo

1.2. Of course she can - that's her right.

Did the answer help you?YesNo

1.3. Snezhana, the grandmother, can bequeath to any person she wishes.

Did the answer help you?YesNo

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2. Can I leave a will for my minor grandchildren?

2.1. Hello. Sure you can. According to Part 1 of Article 1119 of the Civil Code of the Russian Federation, the testator has the right, at his own discretion, to bequeath property to any persons, to determine the shares of heirs in the inheritance in any way, to deprive one, several or all heirs of the inheritance by law, without indicating the reasons for such deprivation, to include other orders. Sincerely.

Did the answer help you?YesNo

2.2. Good afternoon It is your right to make a will for minors and no one can restrict you from doing so. However, it must be remembered that disabled heirs of the first stage, namely the spouse, parents and children, even in the presence of a will, will have the right to a compulsory share. Minors, pensioners, and disabled people are recognized as incapable of work.

Did the answer help you?YesNo

3. Is it possible to challenge a will made in the name of a minor?

3.1. It is possible to file a claim to have a will invalidated, including in favor of a minor. Good luck.

Did the answer help you?YesNo

3.2. Anything can be challenged! If there is evidence, then why not.

Did the answer help you?YesNo

4. The mother has two adult children and minor grandchildren; all the real estate is registered in her name. If during the mother’s lifetime one of her children dies, then do the spouses of her children have the right to enter into an inheritance on their own or on behalf of their grandchildren, provided that there is no gift agreement or will?

4.1. Hello! If children die before their parents, after the death of the parents, the grandchildren receive the right to inherit. If the grandchildren are minors, they will be represented by legal representatives (for example, the father) when drawing up documents at the notary. But the inheritance will still be in the name of the grandchildren.

Did the answer help you?YesNo

4.2. In this situation, the grandchildren will be heirs according to the law of first priority by right of representation. If they are minors, then the parent will register inheritance rights for them. That is, he must contact a notary with an application to accept the inheritance, obtain a certificate of inheritance, and register the children’s ownership of the property. The parent is the legal representative; to perform all actions, you only need the child’s birth certificate.

Did the answer help you?YesNo

5. Parents bequeathed their apartment to one of their 2 adult children. Each of these children has long been an adult and employed, each has children (minors). The question is: does the person (one of these 2 children) who is not indicated in the will have the right to inherit this apartment and do his minor children, one of them (disabled), who are already grandchildren, have this right.

5.1. Good afternoon. It seems obvious that only those named in the will have the right to accept the inheritance.

Did the answer help you?YesNo

5.2. Hello! The person named in the will will inherit the apartment. A disabled grandson can claim a compulsory share if he was dependent on his deceased grandparents.

Did the answer help you?YesNo

5.3. If the will is only for one son, and the second at the time of inheritance: an adult, not a pensioner. That's not it. And his children too.

Did the answer help you?YesNo

6. Our apartment is privatized in the name of my father and sister, I am simply registered there, according to the will, my father leaves his share to me. Can the sister challenge the will because... She has two minor children registered in this apartment,?

6.1. Hello Andrei! The presence of “registered” minor children is not grounds for challenging a will. If the father is healthy, capable, does not suffer from mental disorders, and is not registered in a mental health clinic, the sister will not be able to challenge the will.

Did the answer help you?YesNo

6.2. Hello! No, on this basis (registration of minor children) the will cannot be contested.

Did the answer help you?YesNo

6.3. Good afternoon Yes, any will can be challenged or revoked. It is better for your father to make a deed of gift of his share to you.

Did the answer help you?YesNo

7. THE TESTATOR left two wills for his property to his minor daughter - all savings in bank accounts and a house, a plot of land for his cousin, What shares will be distributed, Thank you,

7.1. Hello! If only one daughter is the first-line heir (there are no other disabled children, parents and spouses), then the distribution will be as follows: savings - daughters, house and land - 1/2 for brother, 1/2 for daughter (mandatory share , if there was no will, she would be entitled to all the property, and if there was a will, 1/2).

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8. Explain. My uncle is the owner of 1/3 of the house, he wrote me a will for his share after his death. On the day of his death, he did not have a dependent wife, he was registered alone in the house, there were no minor children or disabled children. I have a daughter, she is 40 years old. This will is written for me alone. Can anyone else lay claim to the will left by my uncle in my name? Thank you.

8.1. No one but you will inherit your uncle's property.

Did the answer help you?YesNo

9. My boyfriend is officially divorcing his wife. The BZ claims the car. We have a child, is it possible to write a will or give a car to a minor child so that the car is not divided during a divorce?

9.1. No. if a car was purchased during marriage, on the basis of a purchase and sale agreement, then it is joint property of the spouse, since the car is not a divisible item. Then the court will award one spouse a car, and the second will receive monetary compensation of half the cost, including even if the second spouse sells the car without the consent.

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10. I want to make a will of an apartment to my sister, but she and her family (husband and minor son) are in line to receive housing. Is it possible to hide the inheritance - after all, a one-room apartment still does not solve their housing problem. Moreover, the queue still has to wait 20 years...

10.1. Ownership of the home will pass to your sister only after your death. And the mere execution of a will for your sister during your lifetime does not in any way affect the queue.

Did the answer help you?YesNo

11. I have 5 children, two adults live separately, I and three minors are registered in my father’s house of 60 sq. m. m. I live in a house of 40 square meters left to me by my grandmother in my will. This year I decorated this house for myself. Our family has many children. The state provides a subsidy for the construction of an apartment; we are entitled to 80 sq.m. Can I donate a house of 40 sq.m.? the eldest son since 40 sq. m. are being taken away; no one is registered in this house. Needs renovation.

11.1. — Hello, dear visitor to the site, yes, you donate, but you will not receive a subsidy, you are not entitled to it, and especially since when you draw up a donation agreement, you will have a deliberate deterioration in your living conditions. Good luck to you and all the best, with respect, lawyer Legostaeva A.V.

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12. The situation is this: my husband has a 30-year-old daughter from his first marriage, he and I also have a small daughter, we bought an apartment while married. The apartment is registered to me. How can he prevent his daughter from claiming this apartment? Can he write a will? Or a prenuptial agreement? Is a marriage contract valid after death? What are the advantages of inheriting for minors?

12.1. — you can enter into a marriage contract, which states that the apartment is only your personal property; - the spouse can give his share in the apartment to you (1/2 share), then only you will be the owner;

Did the answer help you?YesNo

12.2. Hello! According to the will, there is always a possibility that at the time of the husband’s death, his daughter may by that time reach retirement age. Then she has the right to receive an obligatory share regardless of the contents of the will. Make a better marriage contract or an agreement on the division of joint property, under the terms of which the apartment becomes your sole property. Or make a donation for your joint daughter.

Did the answer help you?YesNo

12.3. Both options - the will or the terms of the marriage contract - are contestable. But in this case, you simply need to give the apartment to the child with the consent of your spouse.

Did the answer help you?YesNo

13. The adult son of my deceased sister, a group 2 disabled person, owns 1/5 of my mother’s apartment. Does he have the right to 1/3 of my mother's share upon death if my mother wrote a will for my 4 minor children and me - her son?

13.1. Hello, you need to know your situation in more detail, contact a lawyer. From the above, I can only say that grandchildren do not have the right to an obligatory share in the inheritance. 1149 of the Civil Code of the Russian Federation.

Did the answer help you?YesNo

13.2. Igor, good night! In this situation, according to Article 1149 (the right to a compulsory share): Minor or disabled children of the testator, his disabled spouse and parents, as well as disabled dependents of the testator, subject to being called to inherit on the basis of paragraphs 1 and 2 of Article 1148 of this Code, inherit regardless of the contents of the will are at least half the share that would be due to each of them upon inheritance by law. If the grandson is not a disabled dependent of his grandmother, then he does not have the right to a share in the apartment.

Did the answer help you?YesNo

13.3. Igor, no at all, his grandson doesn’t have one, because... grandchildren are considered first-priority heirs only conditionally, by right of representation. However, he may have the right to a compulsory share if he becomes her dependent within a year before his mother’s death.

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14. The daughter of a long-dead man accidentally found out that more than 10 years ago, when her father died in another city (who did not live with the family, but did not formalize the divorce), there might have been a will in which she, a minor girl at that time, did not was mentioned. How can she establish whether there was a will? And what to do now if it accidentally turns out that property, assets, etc. have been left and are being used by other persons?

14.1. Good afternoon, Victor. It is necessary to submit an application for inheritance. Next, obtain information about whether there was a will. And after restoring the deadlines for entering into an inheritance through the court, either enter into an inheritance or challenge the will, at your choice. I wish you success!

Did the answer help you?YesNo

15. The owner of the house was my deceased father. He left his will to his new wife, who had never lived in this house. I (my daughter) and my two minor children live in the house permanently. We have no other housing. After receiving the inheritance, will the new owner kick us out?

15.1. Can do it. It's her right.

Did the answer help you?YesNo

15.2. Yes, that's her right. If you did not refuse to privatize the house. House expenses can be recovered as unjust enrichment.

Did the answer help you?YesNo

16. Are minor grandchildren permanently residing in the house dependents of the testator, whom he did not indicate in the will? Can they claim a share of the inheritance?

16.1. Hello Yulia, grandchildren are not dependents (if the parents are alive). In your case, the fact of dependency must be established in court.

Did the answer help you?YesNo

17. My father died and left a will for the house in the name of his new wife. His 88-year-old mother, his ex-wife (my mother) with a 2nd grade disability, me (my daughter) and my two minor children permanently live in the house. We have no other housing. Will my minor children and I be kicked out onto the street?

17.1. Hello! Minor children and disabled parents, that is, the testator's dependents, can claim an inheritance share; despite leaving a will, they have the right to an obligatory share in the inheritance.

Did the answer help you?YesNo

18. My grandmother wants to draw up a will for my daughter, that is, for her great-granddaughter. What responsibility will my minor daughter bear for the inheritance?

18.1. Hello! What responsibility are you asking about? If your daughter becomes the owner of the property, she will be required to pay an annual tax (in reality, you will pay it, since you are the legal representative of the child).

Did the answer help you?YesNo

18.2. Hello, Maria Nikolaevna! All debts of the testator within the value of the inherited property will be transferred to her.

Did the answer help you?YesNo

19. My GREAT COUSIN died. There is no will, but he wanted to leave the apartment to me (his cousin, stage 4). The son died, the minor granddaughter inherits everything (succession, first priority), but the grandfather told her mother that she wanted to leave the apartment to me. Can she refuse the inheritance in my favor? If not, can she not claim the inheritance?

19.1. The mother of a minor granddaughter will not be able to waive the right to inheritance. Guardianship will not give consent. She may not claim the right to inheritance, but the granddaughter, upon reaching 18 years of age, will be able to independently apply for inheritance.

Did the answer help you?YesNo

20. Can I make a will for a certain period for a minor child upon presentation of a birth certificate taken from a social network?

20.1. Dear Nikolai, you can make a will for a child, including a minor. A will is a one-sided transaction, which means that the consent of the heir under the will or his representative until the age of majority is not required, but only your expression of will. Therefore, you also do not need the birth certificate data, except for the child’s full name and date of birth, and, preferably, a known place of residence/registration. But it is impossible to make a will for a “certain period”. How is this in general? A will is either drawn up or not, but once and for all. And each subsequent will (you can make them more than once during your life) simply cancels the previous one. All the best.

Did the answer help you?YesNo

The grandmother left a will for her grandson, the grandson, after the death of his grandmother, did not have time to enter into a will upon death,

The apartment must be inherited (according to the will, and there are no heirs except me)

My mother and I want to take out a mortgage (co-borrowers). Can we draw up a will for this apartment for my minor daughter (i.e.

My husband and I lived in a civil marriage; we have a child together; in the documents for the child, the husband is identified as the father of the child.

My mother had two children. One child died - my brother, who left behind a minor daughter.

Tell me, can I make a will for my minor granddaughter, stating that she will be able to use the apartment only after receiving a higher education?

The man with whom I lived for 7 years without marriage left me a will for all his property,

I plan to make a will for my minor granddaughter. What documents should I prepare for it?

The apartment was bequeathed to his minor son. Does he have a share in the remaining property that is not specified in the will and in what share?

I need to sell an apartment - through House Click of Sberbank they require me to provide a certificate stating that everyone who privatized the apartment was not against privatization.

There is a will for shares in my mother’s apartments. According to this will, I am the only heir.

When can a teenager under 18 years old independently accept an inheritance?

When can a teenager under 18 years old independently accept an inheritance?

Having a will in hand for a minor grandchild, you can initiate the entry process, even if the age of majority has not occurred. A teenager can do this on his own if he:

  • created his own family and is legally married;
  • is an entrepreneur, conducts business and pays taxes;
  • received a court conclusion on recognition of legal capacity.

If you need to ask questions to a lawyer, write your question in the online communication form for free. Each situation is individual and requires separate consideration.

Missing the deadline for entering into inheritance

There are clear boundaries within which it is permissible to submit claims for recognition as an owner. For six months, parents, guardians, trustees of the minor, as well as other applicants will not be able to dispose of the property. But if 6 months have passed since the opening of the will, and the property has not been received, you need to use a mechanism that allows minors to restore the statute of limitations and challenge the entry, which occurred without the knowledge of the heir.

The procedure involves filing a claim with the court at the location of the inherited apartment (drawing up a will) or the minor himself. A testamentary assignment is considered if the omission is caused by objective reasons, including:

  • the minor’s inability to learn about the death of the testator in a timely manner;
  • residence of a minor outside the state or in another region of the country;
  • illness suffered by the minor, which temporarily limited the applicant’s capabilities;
  • inaction of guardians and trustees of a minor due to ignorance of family ties, etc.

In addition to information about the heir, the statement of claim of a minor indicates the object of the dispute under the will, information about the defendant, and also provides the evidence base confirming the right of claim. The result of the proceedings may be:

  1. Leaving without consideration if the court does not find legal grounds for conducting a judicial process to consider the minor’s claim.
  2. Full or partial satisfaction of the applicant’s demands with the transfer of property into ownership or payment of an equivalent amount to the minor.
  3. A settlement agreement, if minors living at the address indicated in the claim, agreed with the plaintiff on mutually beneficial terms.

The complaint is written by representatives of children until they reach adulthood. Laws protect the interests of teenagers who do not have official parents.

Do children who are not included in their parents' wills have the right to inherit?

However, the difference between these methods is very significant, since a deed of gift for an apartment makes the heir the owner of the apartment from the moment new state registration documents are received for it. And, accordingly, the donor automatically loses all rights to the apartment by signing the deed of gift,” the expert explained. – When drawing up a will, the heir receives the apartment only after the death of the testator. A deed of gift can be legally formalized only once; a will can be rewritten. It is drawn up in simple written form and is subject to mandatory state registration. If both parties to the gift agreement for objective reasons cannot be present at the execution of the agreement, then relatives or friends can do this, while the will must necessarily be drawn up personally.”

Rights of illegitimate, adopted and stepchildren

Rights of illegitimate, adopted and stepchildren

The basis for legislative acts is the equality of rights of minor children born into the world. Therefore, even if it is an unofficial spouse and adoptive parents, a minor has the right to use the will with the same chances as his own children. If paternity is indicated on the birth certificate, this is a sufficient basis.

Adoption is an optional condition. It is enough that the minor has been a dependent for more than 12 months. The presence of two disinterested witnesses in court (neighbors, relatives) who can confirm this fact is a sufficient reason to recognize the right to be a minor adoptive parent if the adoptive parent has died.

Adopted minors immediately after registration acquire the same opportunities as those born by birth. The requirements of the will are lawful and unshakable, since from the point of view of legislation, all minors become relatives. All descendants who will be born from adopted citizens can claim what remains after the death of their adopted grandparents.

Demographic growth

The will of Canadian lawyer Charles Millar, who died in 1926, caused a real sensation in society. It was not only original, but also influenced the demographic situation in the state:

  • he bequeathed quite profitable shares of the hippodrome to his friends who opposed gambling;
  • to other friends who had spent their entire lives fighting for social sobriety, he left shares in the brewery;
  • The lawyer left a luxurious mansion in Jamaica to his acquaintances who hated each other, subject to shared use;
  • He promised to pay a huge sum of money to any Toronto resident who gave birth to the most children within 10 years of Millar's death.

As a result, from 1926 to 1936, Canada experienced a real population explosion. In the hope of a rich inheritance, women willingly gave birth to children. The winners were 4 ladies who were able to give birth to 9 babies in 10 years. They split the $500,000 equally. However, after this, no more children were born into their families.

Refusal of inheritance

Becoming the owner of inherited objects is not an obligation. If this could cause harm to a minor, representatives have the right to refuse to join. Along with property of value, the will accepts debts that are associated with the object of the transaction.

In this case, it makes sense to refuse and throw off the burden of debt. Refusal to join is a procedure that requires the presence of a permit document that is issued to minors by the guardianship authorities. You can make such a decision personally from the age of 14. Documentary evidence of permission from the guardianship authorities, parents or persons replacing them will be required.

You can refuse in favor of:

  • other adult and minor citizens specified in the will;
  • other minor heirs of any order by relationship;
  • minors acting by right of representation (nephews, grandchildren);
  • minor relatives acting as hereditary transmission.

The last paragraph involves minors inheriting property belonging to a deceased person who did not have time to officially assume the rights of the owner under the will. Some cases suggest that the minor in whose favor the waiver is issued falls under two or more categories of legal successors. A refusal on one occasion does not exclude the existence of rights based on other circumstances.

It is impossible to foresee the situation of refusal of a will in advance. While the minor testator is alive, the procedure cannot be initiated, as specified in the Civil Code. When the subject of the proceedings is public housing, neither adults nor minors can refuse.

A complete list of minors in whose favor property can be transferred under a will is given in paragraph 1 of Art. 1158 Civil Code. It is impossible to give property to incapacitated people, since they will not be able to formalize inheritance. The transfer procedure for minors is carried out in the presence of a notary and involves drawing up an appropriate application and notarization. The text indicates all interested parties, the object of the transfer, the place of compilation, and the date.

Procedure and design features

The basic requirements for the document are specified in Art. 1126 Civil Code.

All information regarding the specifics of registration of the testamentary procedure is provided for in Chapter 62 of the Civil Code. It is also stipulated that such a document must be drawn up in 2 copies. Each sheet is signed personally by the applicant, in the presence of a notary. The first form remains in storage, the second is handed over to the applicant. The presence of witnesses in the case is allowed.


Making a will through a representative is prohibited.

Documents for registration:

  • owner's passport;
  • title papers for the object;
  • registration extracts for real estate;
  • agreement on determining the size of shares (if it is a share of a room, house);
  • a notarized statement that the applicant was not married at the time of purchase (if it is personal property).

Download a sample will

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