How to make a testament on the apartment

Inherit property can be in one way: in the will and law. With the second method, all property between the heirs is divided into shares defined by law. Such an order does not always sue the testator. If you want to highlight any of the relatives, for example, leave an apartment with a whole spouse, the question of the will becomes relevant.

Properly composed will, in which it is specifically defined to whom and how much is due to the left inheritance, including the apartment, it helps to avoid conflicts between the heirs in the future. The testator has the right to independently choose people, their share in the inheritance of any volume. It can make the property of one person, a circle of people, even if they do not belong to the heirs, to give everything to the state, organizations.

The procedure for resolving the issue of inheritance of property, among which the apartment is determined head of 61 of the Civil Code of the Russian Federation. This law equalizes all heirs of one line of kinship. It happens that there are no heirs or a lot of them, but I want to provide an apartment of some of them, thereby changing the order of inheritance, then it makes sense to make a testament.

Often, the testors confuse two forms of ownership of ownership: will and donation. Under the gift of the apartment immediately becomes the property of another person after signing the contract, cancel it, it is impossible to put any conditions. When drawing up a will, the transition rights will happen after the death of the testator. It can be rewritten several times, change without explaining the reasons. In this case, you can be sure that the apartment will remain in your life, you will be more protected.

According to article 1124 of the Civil Code of the Russian Federation, The testament is a notary, the testator signs it or writes the testament personally. This form of the testament is called open. You can testament in the sealed envelope in the presence of 2 witnesses transfer the notary - closed form. Witnesses leave signatures on the envelope, the notary seals it into another envelope, makes a notarized recording on it. It is allowed by the law reinforcement by a representative of state power.

In the text of the will, you specify: FULL NAME, Passport details; Description of the essence of the testament; The name of the property made to the inheritance, description of the apartment; Information about beloved faces - FULL NAME, date of birth. Notary will require documents for an apartment confirming your rights. If you are not 70 years old, but you are a pensioner, then you need to take a certificate of mental displacements in a psychoneurological dispensary to confirm your capacity. People over 70 years are obliged to submit notary documents on their health status ( art. 1118 of the Civil Code of the Russian Federation).

Documents for download:

V article 333.24 of the Tax Code of the Russian Federation The sizes of the state duty, which should be paid for the reaction of the will - 100 rubles. It is paid by the testator, it is uniform for state and private notaries. This amount will be enlarged if the notary performs notarial actions outside its office. For example, the testator is sick, can not come to the office itself (details in article.333.25 of the Tax Code of the Russian Federation). The amount will be added to the payment of technical and legal services in the preparation of the will. It defines a notary.

There are exceptions that limit the freedom of testament: minors children, disabled spouse, parents, other dependents of the testator. They have the right to get half the share, which according to the law is due to them, regardless of the text of the testament. The only exit for the owner of the living space is to arrange a gift. Then the apartment will go away to one person, bypassing all heirs.

The law provides for 13% tax on any income, and inheritance too. Do not pay tax family members, close relatives - art. 217 of the Tax Code of the Russian Federation. The testament is necessarily certified by a notary, in contrast to the gift can correspond several times before the death of the donor, then it can be challenged in court.