Today we will be interested in a will for an apartment. What kind of document is this? How to get it right? What advantages and disadvantages does it have? To understand all this and not only need every 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, below we consider all the current information on the compilation, use and execution of testaments on property.
Description
To begin with, a few words about what a testament to an apartment is.
This is the name of the paper, which takes effect after the death of the testator. With its help, a person during his life distributes his property (in our case, this is an apartment) between the heirs.
Important: by testament, property can be transferred not only to relatives, but also to third parties.
How paper works
The will to the apartment after the death of the testator comes into force. But how does this document work?
Through the appropriate paper, as we have already said, in life, a person shares all the desired property between his potential recipients. It is very comfortable. Especially if you register shares in the property.
A distinctive feature of the will is that the document can 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 inheritance is extremely simple. In general, the operation is carried out as follows:
- Drafting and execution of a will by the testator. This must be done during life.
- Certification of documentation by a notary.
- The death of the testator.
- Opening a will at a notary public.
- Collection of responses to the acceptance of property by all heirs.
- Entry into the inheritance. During the operation, the notary issues a certificate of the established form.
That's all. It remains only to draw up ownership of real estate in Rosreestr. In general, the process of obtaining property will be the same as when entering into the inheritance by law.
Who can become an heir
A testament to an apartment is a popular way to transfer property to heirs. But who can bequeath real estate?
At the moment, a citizen can bequeath his belongings and money without problems:
- to relatives;
- to third parties;
- organizations.
Less common is the transfer of property by testament to the state. Therefore, this option is almost not interested in the population.
Documents for registration
A few words about the preparation of the testament. This is an extremely important process. Especially if you need to generate a package of documentation for the implementation of the task.
Components will vary depending on the situation. But most often the testator brings the following documents for the testament of the apartment:
- testament paper;
- passport;
- USRN statement;
- title documents for property;
- certificates confirming the identity of the recipient of the property (preferably).
That's all. In some cases, the notary may ask:
- spouse's consent;
- certificates of marriage or divorce.
As a rule, drawing up a will for an apartment does not cause any trouble. Especially if you prepare in advance for such an operation.
Important: it is advisable to bring a health certificate. This is the only way to protect the heirs from challenging the operation.
Spelling tips
A huge role is played by the direct preparation of a will for an apartment. If you make a mistake, you have to face the fact that the document is recognized as invalid.
To avoid this, the owner should follow these tips:
- Follow all business correspondence rules. Do not forget about the structuring of the will. It should have: a hat, a name, a main part, a conclusion.
- Fully indicate the data on the property, as well as on the recipients of the property.
- Prescribe the shares due to citizens from a particular object.
- Draw up a document with witnesses.
- Handwritten text. With testament paper printed on the printer, problems may arise in the future.
That's all. This is actually not the most difficult task. Making a will for an apartment with a notary for a fee will save the homeowner from a number of problems. For example, from disagreements with the law.
Design action algorithm
And how exactly do you behave when compiling the study paper? Thinking about this issue is recommended in advance. And the citizen will have to follow a certain algorithm of actions.
Guide to the design of the will looks like this:
- To prepare the documents necessary for the implementation of the task.
- Contact a notary office and pay for the services of an authorized person.
- Make a will and sign it.
- Wait for the certification of documents by witnesses and a notary.
At this stage, the actions of the testator end. After his death, the persons indicated in the document will be able to claim this or that object.
Service cost
How much does a will for 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 public notaries to draw up and draw up the relevant paper. Such specialists can provide their services free of charge.
In a private office, the execution of a testament document will cost approximately 1,500 rubles. Additionally, they may be asked to pay for the preparation of the corresponding paper. More accurate information on the cost of services should be clarified in a particular notary's office.
Advantages of Admission
Want to make a will for an apartment? The pros and cons of this document will be discussed later. It is not in vain that people think precisely of this form of transfer of property after their death.
Let's start with the good. It is customary to highlight the following positive aspects of testament paper:
- the right to property arises only after the death of the testator;
- a person remains a homeowner while he is alive;
- You can change the text of the documentation at any time;
- the owner has the right to distribute property between beneficiaries at his discretion;
- it is allowed to indicate additional conditions for the heirs (for example, prohibit the eviction of a tenant from an apartment or house).
This form of transfer of property can save you from the hassle of distributing property, as well as from the sudden appearance of heirs "from the outside." For example, if a person has children from past marriages.
Cons of wills
Want to make a will for an apartment? The pros and cons of this operation cannot be called unambiguous. For some, these points are good, but someone considers them a negative. And vice versa.
Among the minuses of the will are:
- under certain conditions, the property allocates mandatory shares to the heirs under the law (underage children, retired parents, dependents);
- the document can be challenged;
- inheritance requires considerable costs from the heirs;
- if the deceased had debts for the communal apartment, they will be transferred to the heir along with the apartment.
In addition, if a person already has no heirs under the law (or all of them refused to enter the inheritance), and the recipient of the property on the relevant paper is lost, the property will be transferred to the state.
Invalidation
Is it possible to challenge a will for an apartment? Modern lawyers assure that almost any testament document and even a deed of gift, if desired, can be canceled. To do this, it is enough to prepare and go to court.
Typically, a will try to challenge the deprived legal heirs. They can go to court with a lawsuit and prove the invalidity of the documentation. For example, if:
- the testator was incompetent;
- at the time of preparation and paperwork, the former owner was in an inadequate condition;
- a 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 made under pressure, blackmail, and so on;
- the death of the testator came through the deliberate fault of the recipient of material wealth.
All this must be documented. For example, by presenting photo / video / audio materials, testimonies, medical reports and examinations. If it is possible to cope with the task, the court will redistribute the property according to the law.
Important: in order to ensure that the testament could not be challenged, you need to bring health certificates and draw up documents only by hand. So the testator will prove his adequate behavior and balanced decision.
What to choose - a deed or testament
Now it’s clear whether it is possible to challenge a will for an apartment and how to do it. With the design of the studied paper, everything is now clear.
But what is better to choose - a deed or testament? These are two forms of transfer of property from the owner to the heir.
Here are the features of the gifts:
- close relatives are not wasted on issuing certificates;
- property rights are transferred immediately after receiving the gift agreement;
- canceling a deal is problematic;
- no need to wait for the death of the testator.
In fact, many give preference to gifts. Especially if there is confidence in the heir. For example, in that he will not evict from a single apartment.
In case of doubt, it is better to make a will. But then you have to prepare for the fact that if you do the wrong thing, it will not be so difficult to cancel the paper.
Donations are more beneficial to beneficiaries, and a testament to an apartment gives more guarantees and security to the testator.
Important: in one document the will of one owner is expressed. This rule also applies to a deed of gift, and applies to wills.