Inheritance by will

There are two ways to transfer the property rights of a deceased person - inheritance by will and by law.

A will is a one-sided transaction representing the expression of the testator's will directed at disposing of his property in case of death. One of the features of such a transaction is that inheritance under the will is not from the moment it was committed, but only after the death of the person who committed it. The citizen can bequeath property to anyone: relatives, friends, acquaintances, even legal entities and international organizations; May indicate in the will of one or more persons, deprive someone of an inheritance, assign the heir in the event of the death of the principal.

Procedure for drafting a will

This document must be executed in a simple written form and signed by the testator in person in the presence of a notary or other person having the right to certify it. To do this, you need to apply to the notary office or, in case of its absence in the area where the testator is located, to the local administration. The head physician can also replace a notary in the course of such a transaction, provided that the citizen is on treatment in the hospital, the captain of the ship during the voyage, and for the citizens who are on the Arctic and geological exploration expeditions, their boss. The will is made in two copies, and one of them remains with the testator, and the second with the notary.

Inheritance by testament is possible only if the testator has legal capacity, which the notary must establish.

When drafting a will, it is necessary to remember that the law establishes a circle of heirs who have the right to receive an obligatory share, which is at least half of what would have been due to him under inheritance under the law.

Such persons include: incapacitated spouse, parents of the testator, dependents, as well as minor children.

In the event that the will was drawn up without taking into account such heirs, it shall be enforceable only in respect of the property left after the exclusion of the mandatory shares.

If the testator has disposed of only a part of the property that is in the ownership, then an obligatory share is allocated from the part of the bequest, and if it is insufficient, from the bequest.

Inheritance by will and its execution

Usually the execution is left to the heirs themselves, but an executor (executor of the will) may be appointed, who must give consent. When drafting a will in this case, his actions are specified, as well as rights and duties. He does not receive any remuneration and is only entitled to reimbursement of expenses incurred at the expense of the inheritance.

Change and cancellation of will

This document can be canceled at any time or changed by the testator in two ways. Either by filing an application with a notary about the cancellation of a previously made will, or by certifying a new one.

Inheritance of an apartment by will

In the event that the heir under the will inherited an apartment, he needs to apply to the notary within six months after the death of the testator. If there were valid reasons, and the deadline is missed, it can be restored through a court. You need to contact a notary who certified the will. It will be necessary to provide a passport, so that he will verify the identity of the heir. If the latter lives in another city and can not or does not want to be engaged in collecting documents and decorating an apartment, he can authorize someone else to do this, having issued a power of attorney through any notary. He can withdraw power of attorney at any time.

Inheritance of property under the will can be challenged through the court to interested persons whose rights are somehow infringed, which for this must be addressed with the statement of claim.