It is impossible to know all the laws of a particular country, so citizens begin to be interested in their rights and obligations only when they need it. For example, a lot of controversy arises from inheritance. This area is one of the most problematic in the country. People when solving inheritance disputes meet in court, trying to prove their point of view. Just do not always succeed in doing this. Today we will be interested in the order of inheritance. When does a will take effect? What is necessary for drawing up a testament document? What difficulties do people face in the process of inheritance by will? Next, we will try to understand all this and not only. In the end, we will try to study the foundations of inheritance law in Russia.
Types of Inheritance
First, pay attention to the fact that people can inherit in different ways. In Russia, there are only two scenarios. What are you talking about?
You can enter into the inheritance:
- according to law;
- by will.
Let us focus on the second trick. It is the least problematic, but to use it, you need to carry out preliminary training. It is carried out during the life of the testator.
Legacy Inheritance - Feature
When does a will take effect? Before giving an answer to this question, a person must understand what constitutes a particular type of inheritance. This knowledge can help you make a will.
Inheritance by law is a way of obtaining property and certain obligations of the deceased by his relatives by inheritance. Third parties in this case will not be able to act as applicants for property under any circumstances.
Inheritance "by law" will be carried out in order of priority. The closer the relationship, the higher the chances of obtaining property. This is the most problematic option for the heirs, but you do not need to prepare for it in advance.
Description of inheritance by will
Therefore, we will focus on another scenario. When does a will take effect? This is not the most difficult question. We will answer it a little later.
Inheritance by will - a method of obtaining property by inheritance by the persons indicated in the testament. In this case, any people and even organizations can be heirs. Only at first, during his lifetime, the testator must correctly execute a will. Otherwise, the document will have no legal force.
Testament is ...
And what is the will as a whole? This is a document expressing a person’s desire to share property between heirs after his death. We can say that they call the last will of a citizen endowed with legal force.
Using a will you can:
- determine the circle of persons between whom the property of the deceased will be distributed;
- to allocate shares in the property to one or another recipient;
- indicate which property and to whom it will belong entirely.
Very comfortably! The main thing is that the aforementioned paper was drawn up of free will. The legal force of a will drawn up by a person in an inadequate state or under blackmail will be refuted. For example, in court.
Total entry date
The entry into force of the will raises many questions among citizens. However, this is not the most difficult question. To get the most accurate answer you need to study the legislative framework of the topic.
Let's start with the general term of the inheritance. At the moment it is 6 months. The countdown starts from the moment of the death of the owner of a property.
Within the specified period, the heirs must inform whether they are ready to receive the inheritance. With "silence" it will be considered that the potential recipient of material wealth renounced his inheritance rights. This applies to inheritance by law and by will.
Ordinary death
When does a will take effect? After the death of the testator. It is at this moment that the testament document opens.
It is worth paying attention to the fact that the date of the death of a potential testator is sometimes in doubt. Therefore, below will be considered possible life circumstances. They will help to understand at what point in one case or another the testament document is valid.
Let's start with the usual death of a person. In this case, the death is recorded by a medical certificate. It is issued to the relatives of the deceased. After this, a death certificate of an established form is issued.
When does a will take effect? After the death of a person, from the date indicated in the certificate of the established form. She will be transferred to a special form in the registry office with a medical report. This is the simplest scenario of all.
Death recognition
The second scenario is the recognition of a person as dead. When does a will take effect in such circumstances?
According to the laws in force, from the moment a court order was issued declaring the testator dead. At this time, the will or inheritance “by law” is opened, and the half-year countdown also begins.
Day of alleged death
Sometimes it happens that a person is recognized dead, but the day of his real death is unknown. The court may indicate a specific date for the death of a person. If the day of death coincides with the day of the alleged death, the will takes effect from the moment specified in the court order.
Nevertheless, in this case, you will have to face some features. What is it about? The half-year allotted for acceptance of the inheritance will begin from the moment the person is recognized dead, and not from the date of his alleged death. Fortunately, such an option is almost never found in practice.
How to make a will
Now it’s clear how long the will takes effect. As already mentioned, this is not the most difficult question. Much more problems are caused by the direct entry into the inheritance and the preparation of testamentary paper. We will deal with clarification of such issues further.
Let's start with making a will. To issue this paper, you need:
- Write the text of the testament document. This must be done in accordance with the established rules. A little later, we will consider the principles of the will.
- Form a package of documents for further manipulations.
- Contact a notary and pay for his services.
- Assure a will.
That's all. Now it remains only to wait. If the citizen correctly executed the relevant paper, then after the death of the testator, the will comes into legal force without any problems. Otherwise, the document can be challenged in court and canceled.
Rules for executing a will
A few words about how to make a will. The legal force of the document will depend on this. As already mentioned, many rules and nuances will have to be observed.
For a testament document to be valid, you need:
- Draw up a document by hand. Printed wills are easy to reverse.
- Write the text of the will in the presence of witnesses.
- Be sure to draw up a document with a notary. To do this, you will have to invite at least two witnesses.
- When writing the text of the will to comply with the rules of business correspondence and structure (heading - name - main part - list of documents - conclusion).
- Clearly indicate data on the inheritance and heirs. Any typo can cause huge problems in the future.
That's all. These principles will help to cope with the task. The will shall enter into force on the day of the death of the testator, if this document is correctly executed. Otherwise, they can easily be annulled in court.
Documents for the will
The will to the apartment shall enter into force on the day of the death of the testator or from the date of recognition of the person as dead. And no other way.
What documents are useful for making a will at a notary public? Typically, this requires the following papers:
- identification;
- testamentary document;
- USRN statements for real estate;
- certificates of ownership of a property;
- copies of passports of heirs (preferably);
- certificates of marriage or divorce;
- certificate of mental health of the testator.
The last paper is optional, but its availability greatly facilitates the life of the heirs. Using this component, it will be possible to prove to the court the complete health of the testator.
How to get an inheritance - instruction
When the will comes into force, we found out. With the time allotted for the receipt of property by inheritance, also figured out. And how to get an inheritance under a testament document?
The following instruction will help to cope with this kind of task:
- Wait for the death of the testator or the recognition of his death in court.
- Contact the notarized office at the place of opening of the inheritance with pre-prepared certificates and issue consent to accept the property.
- Wait 6 months from the entry into force of the will.
- Go to a notary public again and receive a notarial certificate of acceptance of the inheritance.
- To reissue the rights to certain objects, if necessary.
That doesn't sound so scary. Only in fact, it is hereditary issues that cause the bulk of conflicts between relatives and other heirs.
Documents for inheritance
A will shall enter into legal force after the testator dies or is declared dead. How to get an inheritance?
The potential recipient must bring with him to the notary's office:
- your passport;
- death certificate of the testator;
- will;
- statements of kinship with the testator;
- a copy of the passport of the deceased;
- court ruling on the recognition of a person as lost (if any);
- extracts for this or that property;
- a certificate from the last place of residence of the deceased.
In reality, everything is simpler than it seems. Having a will simplifies inheritance. Especially if the testator during the life correctly executed this document. A will shall enter into force upon the death of a potential testator. Everyone needs to remember this.
Where is the opening
It is worth paying attention to one more point. When the will takes effect, we find out. And where does the opening of the testament document take place?
There are various scenarios. Here are some real life options:
- Opening the envelope with a document of inheritance occurs at the place of residence of the deceased. This is the most common case.
- The discovery takes place where a person allegedly lived and died. This option is extremely rare. Therefore, they simply do not pay attention to him.
- The document is opened in the place where the most objects of property inherited are located.
As a rule, most often the procedure is carried out according to the last registration of the testator, in the same office in which the will was drawn up.
Summary
We found out when the will comes into force. Moreover, the key points in the design of the relevant paper were presented. We hope that the suggested tips will help you cope with the task.
After death, the will takes effect immediately. Moreover, if a citizen indicated that he wants to create a hereditary fund, you can immediately dispose of the property. True, it should be noted that this rule came into force in September 2018 and has not yet been met in practice.