Testament to the apartment

In our country, the institution of the will is very poorly developed. Apparently, this is explained by the fact that in our unpredictable life people do not want to think about the distant future. And some even completely concern this procedure with caution, fearing that thoughts can materialize.

Let's try to figure out why a testament for an apartment or a house is made, and who needs to do it first, and who does not have anything to worry about. And in this case there is absolutely no difference whatsoever between the heirs. After all, even the warmest family ties are sometimes broken due to any material benefits.

Testament for an apartment, house, car, business, etc. Is considered a posthumous expression of will.

If a person in the family is well, he equally loves his children, then usually does not think about what will happen after his death, believing that the heirs themselves will sort out.

However, sometimes life itself presents surprises. Sometimes close relatives begin to argue, the whole family begins to live in a state of constant stress, and it becomes obvious who and how to whom it relates. Usually, after such cases, the majority of citizens apply to a notary and writes a will for an apartment that is considered a special procedure among legislative transactions, since it is a form of disposal of inherited property after the death of the testator.

Everyone in our country has the right to freely dispose of his property, and only he decides what to do with it.

Since a testament to an apartment is legally a one-sided transaction, it can be challenged. Those heirs who will be deprived of their share can make attempts to prove the fact that they were in such a situation because the will was written compulsorily or the testator was in an "unconscious" mental state.

In this case, a testament to an apartment can be automatically recognized as invalid, if it is not executed in accordance with the established form, is not certified by a notary or other person authorized to do so, there are no witnesses that are mandatory in certain cases, etc.

Therefore, in order to avoid such situations, the testator or his close relatives must ask in advance how to make a will for the apartment, so that later there was no opportunity to challenge him in court, seeking to recognize it as invalid. After all, in this case, the will of the latter may be violated, and the owners of its property may become completely different from the people whom it thought was intended.

If the will for the apartment was not compiled, then it is equally divided between all the direct heirs: children, spouse and parents - first of all, siblings, and grandparents - in the second, and all other relatives in remoteness - in the third queue. Therefore, if the testator wants to transfer his property to his relatives not in the first stage, the existence of a will is mandatory. Only then can no one challenge him by law.

The only relatives who must have an obligatory share in the division of property are minor children, dependents and disabled parents who lived with the testator in one house and were in his care for at least twelve months.

When preparing a will for an apartment, a sample must be taken from a notary. If the testator, being a citizen of our country, temporarily resides outside its borders, he can formulate his will in the appropriate consulate, and then, after returning to Russia, legalize it.

If before, as noted by notaries, the age of the citizens making up the will was more suited to the wording "advanced", but today he is clearly younger: they are increasingly being addressed by people of forty years of age.