Today we will be interested in a will onapartment. What kind of document is this? How to properly arrange it? What are the advantages and disadvantages of it? Understand all this and not only need each potential heir. So people will be able to understand what they are entitled to after the death of the testator. Sometimes awareness of the topic being studied helps to avoid most problems and litigation. Therefore, we will consider below all the actual information on the drawing up, use and registration of testamentary property papers.
Description
To begin with, a few words about what a testament to an apartment.
This is what paper is called, which takes effect after the death of the testator. With its help, a person during life distributes the available property (in our case this is an apartment) between the heirs.
Important: according to the will, property can be transferred not only to relatives, but also to third parties.
How paper works
Testament to the apartment after the death of the testator comes into force. But how does this document work?
By means of the appropriate paper, as we have already donesaid that in life a person shares all the desired property between his potential recipients. It is very convenient. Especially if you register a share in the property.
A distinctive feature of the will is that according to the document it is possible to transfer property to third parties and organizations. Paper allows you to transfer real estate and other benefits to anyone.
The process of opening a will and entering into an inheritance is extremely simple. In general, the operation is as follows:
- By the testator. To make it it is necessary during lifetime.
- Certification by a notary.
- Death of the testator.
- Opening of the will at the notary.
- Collect responses to the acceptance of property by all the heirs.
- Entry into the inheritance. During the operation, the notary issues a certificate of the established form.
That's all. It remains only to formalize the ownership of real estate in Rosreestr. In general, the process of obtaining property will be the same as in the case of inheritance under the law.
Who can become an heir?
Testament to an apartment is a popular way of transferring property to heirs. But who can bequeath real estate?
At the moment, a citizen can bequeath his things and money without problems:
- relatives;
- to third parties;
- organizations.
Less common is the transfer of property by will to the state. Therefore, such an option is almost not interested in the population.
Documents for registration
A few words about the preparation of testament paper. This is an extremely important process. Especially if you want to create a package of documentation for the implementation of the task.
The components will vary depending on the situation. But most often the documents for the testament of the apartment the testator brings the following:
- testamentary paper;
- passport;
- an extract of EGRN;
- title documents for property;
- certificates confirming the identity of the recipient of the property (preferably).
That's all. In some cases, a notary may ask:
- consent of the spouse;
- certificates of marriage or divorce.
As a rule, the design of a will for an apartment does not cause any trouble. Especially if you prepare in advance for such an operation.
Important: it is desirable to bring a certificate of health. Only in this way will it be possible to secure the heirs from contesting the operation.
Tips for writing
A huge role is played by the direct preparation of a will for an apartment. If you make a mistake, you will have to face the fact that the document is recognized as invalid.
To prevent this from happening, the owner must follow such advice:
- Comply with all business correspondence rules. Do not forget about the structuring of the will. It should contain: a cap, title, main part, conclusion.
- Fully specify the data on the property, as well as on the recipients of the property.
- Prescribe the shares assigned to citizens from this or that object.
- Compose a document with witnesses.
- Text to write by hand. With testamentary paper printed on the printer, there may be problems in the future.
That's all.In reality, this is not the most difficult task. Drafting a will for an apartment at a notary for a fee will relieve the owner of the housing from a number of problems. For example, from disagreements with the law.
Algorithm of actions for registration
And how exactly should we behave when compiling the paper under study? To think about this issue is recommended in advance. And the citizen will have to follow a certain algorithm of actions.
Guide for the design of the will looks like this:
- Prepare documents necessary for the implementation of the task.
- Apply to a notary office and pay for the services of an authorized person.
- Make a will and sign it.
- Wait for the documentation to be certified by witnesses and a notary.
At this stage, the testator's actions end. After his death, the persons indicated in the document will be able to apply for a particular object.
Service cost
How much does a testament to an apartment cost? The answer to this question is not as simple as it seems.
The thing is that in some cities people turn to state notaries to draw up and issue the relevant paper. Such specialists can provide their services free of charge.
In a private office, the design of a willthe document will cost about 1500 rubles. Additionally, they may be asked to pay for the preparation of the relevant paper. More precise information on the cost of service should be specified in a specific notary office.
Benefits of taking
Do you want to make a will for an apartment? Pros and cons of this document will be considered further. It's not for nothing that people think about this form of property transfer after their death.
Let's start with the good. It is accepted to allocate such positive aspects of testamentary paper:
- the right to property arises only after the death of the testator;
- the person remains the owner of the dwelling while he is alive;
- You can change the text of the documentation at any time;
- the owner has the right to distribute the property among the beneficiaries at his own discretion;
- it is permitted to designate additional conditions for the heirs (for example, to prohibit the eviction of a tenant from an apartment or house).
This form of transfer of property can save you from trouble with the distribution of property, as well as from the sudden appearance of heirs "from the side." For example, if a person has children from past marriages.
Cons of Wills
Do you want to make a will for an apartment? Pros and cons of this operation can not be called unambiguous. For someone, these points are good, but someone considers them negative. And vice versa.
Among the minuses of the will are:
- under certain conditions, the property is allocated mandatory shares to heirs by law (under-age children, retirement parents, dependents);
- the document can be disputed;
- Entry into the inheritance requires considerable expenses from the heirs;
- If the deceased had debts for the "communal", they will pass to the heir along with the apartment.
In addition, if a person no longer has heirsby law (or all of them refused to enter into the inheritance), and the recipient of property on the relevant paper was lost, the property will pass to the state.
Recognition as invalid
Is it possible to challenge a will for an apartment?Modern lawyers claim that almost any testamentary document and even a gift certificate can be canceled if desired. To do this, it is enough to prepare and apply to the court.
Usually the will is tried to challenge the deprived lawful heirs. They can apply to the court with a claim and prove the invalidity of the documentation. For example, if:
- the testator was incompetent;
- at the time of drawing up and processing the paper, the former owner was in an inadequate condition;
- the citizen suffered from mental illness;
- during the execution of the "transaction", the testator could not soberly assess the situation (for example, he was drunk);
- the decision to transfer property to property was taken under pressure, blackmail and so on;
- The death of the testator came on the intentional fault of the recipient of material goods.
All this must be documented.For example, by presenting photo / video / audio materials, testimony, medical reports and examinations. If you manage to cope with the task, the court will redistribute property by law.
Important:just to ensure that the will can not be challenged, you need to bring health certificates and make out documentation only by hand. So the testator will prove his / her adequate behavior and a balanced decision.
What to choose - a gift or testament
Now it is clear whether it is possible to challenge a will for an apartment and how to do it. With the design of the paper studied, everything is clear now.
But what is better to choose - a gift or testament? These are two forms of transfer of property from the owner to the heir.
Here are the features of donative:
- close relatives are not wasted on drawing up certificates;
- the right to property passes right after the receipt of the gift contract;
- cancel the transaction is problematic;
- do not wait for the death of the testator.
In fact, many prefer a gift. Especially if there is confidence in the heir. For example, in that he will not be evicted from a single apartment.
In case of doubt, it is better to make a will. But then we will have to prepare ourselves for the fact that if the wrong actions are taken, canceling the paper will not be so difficult.
Gifted are more beneficial to the recipients of goods, and a will for an apartment gives more guarantees and safety to the testator.
Important: one document expresses the will of one owner. This rule also applies to the gift agreement, and applies to wills.
