Issues related to inheritance and probate in Russia exacerbate relations even in the strongest families. That is why citizens are trying in advance to find out as much information as possible about problematic topics. Today, we will be interested in the so-called substitution of the heir, and we will also learn the basics of making wills. As practice shows, in fact, everything is not as scary and difficult as many citizens initially imagine. True, consulting an experienced lawyer in family and inheritance matters will not hurt. Only in this case can one be 100% sure that neither the heirs nor the testator will have any problems in the future.
Inheritance methods
The appointment of the heir in Russian law not only takes place, but is also regulated by the Civil Code of the Russian Federation. Namely, article 1121. But before assigning heirs, it is necessary to study the foundations of inheritance rights.
The first thing you should pay attention to is how to enter into the inheritance. Among them, inheritance is distinguished:
- according to law;
- by will.
In the first case, the circle of heirs will consist of the relatives of the testator, in the second - from the persons indicated in the will. They can be both native people and strangers. Even organizations and legal entities are entitled to act as heirs under a testament document.
The right to assignment
According to Article 1111 of the Civil Code of the Russian Federation, every citizen can issue a will, as well as appoint an heir. In practice, the latter situation is not too common.
The appointment of the heir is possible both in the case of the transfer of the inheritance by law, and in the case of inheritance by will. There is nothing difficult in this, the main thing is to follow a certain instruction. It is considered below.
You can assign an heir only during life. Otherwise, to cope with the task will not work. That is why it is recommended to think in advance whether it is worth starting the process under study.
When the rights of the substitute appear
Suppose a citizen still decided to use the appropriate powers and assigned an heir. Now what?
After the death of the testator, a will is opened or inheritance by law will come into force. The assigned heir in Russia has the corresponding powers if the original recipient of the inheritance:
- dies;
- refuses property;
- does not accept the inheritance for any reason;
- lose inheritance rights;
- suspended from receiving material wealth from the deceased because of recognition as unworthy.
In this case, the testator may indicate for each case different subordinate heirs. But, as was emphasized earlier, such an option is not in special demand among the population.
Important: it is impossible to carry out the assignment of the heir to the one who has already taken possession of the property. This is not provided for in the current legislation of the country.
Features of the testament document
Next, we will try to find out how to make a will and assign the heirs if necessary. These are not the most difficult processes, but you need to prepare for them in advance.
According to the Civil Code of the Russian Federation, a will can be executed by the owner of the property during his life at any time, but not earlier than the onset of full legal capacity. Testament paper can be rewritten as many times as you like.
The document is made in writing. An oral testament is not legally binding. Moreover, a will can be executed only by a competent and adequate person.
A distinctive feature of testamentary documents is the ability to independently determine the circle of property heirs. You can also write what proportion and what kind of property is transferred to the citizen after the death of the testator. Very comfortably.
The presence of a will in Russia often eliminates unnecessary litigation between loved ones. The appointment and assignment of the heir in the will is carried out by the good will of the testator.
Where to issue
How to write a will and draw it up? To begin with, you will have to understand where the corresponding task is carried out.
Direct execution of a testament document in Russia is carried out by a notary public. Otherwise, the will will not have legal force. This means that inheritance will be carried out according to the law, which is not always fair and convenient.
Some private companies offer probate assistance. Usually these are private notaries.
Important: it is recommended that you initially apply for a will to the organization at the place of opening of the inheritance.
Basic compilation rules
A will in the Civil Code of the Russian Federation is a document allowing citizens to inherit property from the testator by the will of the latter. It must be executed according to the rules established in the country.
When writing a will, everyone should remember the following rules:
- The document must be submitted only in writing.
- A will is written by hand in the presence of a witness. If the handwriting is illegible, the text of the document can be printed on a PC, but this is not recommended.
- The principles for the separation of the property of the testator must be his goodwill.
- The form of the established form can be issued exclusively by an adequate and competent person. It is recommended that in order to avoid problems in the future provide a certificate of the health status of the testator.
Actually, making a will is not so difficult. And carry out the assignment of the heir, too. To do this, just enter the relevant principles into the testament document.
Order of registration
Now we will consider the principle of execution of the will in more detail. To cope with the task, a citizen needs:
- To prepare some information. Their list depends on the specific situation.
- Settle one's affairs. It is recommended that you contact a competent lawyer or notary public.
- Pay for notary services.
- Contact an authorized person and sign a will.
- Leave one copy of the executed document with a notary.
That's all. The most difficult task is collecting documents. In addition, not everyone can accurately and clearly state their thoughts. That is why it is necessary to think about the heirs and the purpose of these in advance, and then turn to a competent lawyer or notary.
Basic documents for the operation
Thinking about how to carry out the assignment of the heir, people do not know where to start. Simply indicate the appropriate section in the testament document. It is the execution of the will that plays the most important role in the process.
To make a will, the following documents may come in handy:
- testator's passport;
- title documents for property transferred by inheritance;
- Marriage certificate;
- birth or adoption certificates of all children;
- copies of passports or the exact personal data of the heirs (including those intended);
- medical report on the mental state of health of a citizen.
As a rule, this will be enough. The main thing is to correctly prepare a testament document. Otherwise, the heirs may cancel it in the future.
Cost
How much does it take to make a will in Russia? Unfortunately, giving a definite answer to a similar question will not work.
The average cost of a will is from 1,500 to 5,000 rubles. In some regions they take more. The specific cost of probate services is best specified in a notary's office selected by a citizen.