How to devise

02.12.2012 01:00
Articles about real estate | How to devise It's no secret that real estate can devise, execute all necessary documents at the notary. One would think that could be easier? However, the legal issues are always there are subtleties. If you wish to transfer your property by inheritance, then we must make a will and to assure him of a notary. Notary Alexey Komarov warns that this must be done correctly, otherwise the document may be invalidated.

What and who to bequeath

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By law, you can bequeath any property, both movable and immovable. Thus, you can bequeath the apartment, garden, or house, land, commercial property, and even property that only plan to buy. The important thing is that the said property shall be owned by the opening of the inheritance.

Bequeath you and the citizens and legal entities. "You can leave a legacy not only for the benefit of their relatives or family members, but also to organizations, companies, cooperatives, associations, ie, legal entities, - said the lawyer Oleg Sukhov. - Moreover, these entities has left everything they can not. For example, the collector owns a very expensive and rare coins. He has the right to bequeath them in favor of the museum, or the charitable company. And with such a will close relatives, including children, spouse, parents get expensive and rare coins can not. "

Oleg Sukhov recalls that can be defined and spare heir, who has the right to claim the property if the primary heir dies without having to accept the inheritance, or for other reasons will not be able to get it. "An apartment owner may bequeath owned an apartment in the center of Moscow, his eldest son, pointing out that if, for some reason, the eldest son receives this inheritance apartment become the property of his youngest son."

Drafting and certification of wills
"One of the key moments in the preparation of a will is that it be made in written form and notarization, - says Alexey Komarov notary. - Failure to comply with these rules shall invalidate the will (except a will made in extraordinary circumstances). Will may be certified in the state notary or a notary in private practice. In addition, there are several requirements for making a will. "

First, a will can only be done by an individual - citizen, had in the time it takes full legal capacity, that is, it must be of age and be of sound mind and memory.

Secondly, without fail will must be made in person, written by the testator or in his words recorded by a notary, and personally signed by the testator. In cases where the testator himself personally can not sign the will, it is at his request may be signed by another citizen (rukoprikladchikom) in the presence of a notary.

Third, on the will must specify the place and date of his license, except closed will.

Mystic will

Under the Civil Code, all persons who were part of the procedure of registration of wills, not entitled to pre-disclose information relating to the contents of the will or its cancellation. If the mystery of the will has been broken, you have the right to demand compensation for moral damages.

There is an option of making a will, which will help protect you from divulging secrets - a "closed will." In this case, even the notary does not know the content of your document. Sealed in an envelope will, written and signed by the testator, is transferred to the notary in the presence of two witnesses, who shall sign the envelope. Next notary seals closed will back in one package, which records information about the testator, the place and the date of the will, evidence of witnesses in accordance with the identity documents.

Mystic will be opened in the presence of two witnesses, only fifteen days after providing the notary of the death of the testator. After opening the envelope testament immediately announced, and then signed the autopsy report and read the secret will.

Testament to the encumbrance

The law allows for assigning to the heirs and executor duties to commit any action that you will register in the will. For example, the obligation to keep your pets and care for them. If the heirs do not agree to do this will, the legacy they will still get it. In this case, the stakeholders, to or for the benefit Image: How to bequeath nedvizhimostkotoryh established testamentary charges, the court has the right to force the heirs to fulfill these obligations. It is unlikely that a cat or pet-nurse-cow turn with a similar requirement in court, but the relatives and friends, for whom it was composed charges, not only have the right to demand it, but also an opportunity.

Cancellation and change a will

At any time you can cancel or change your will. In this case, you are not required to report these actions to anyone, you do not need anyone's consent, it is enough to make the new testament, which is either completely abolish the old document, or cancel it in the part where the old testament contrary to the new document. Canceled or changed his will not be restored and is not subject to revision. Alexey Komarov said that "the abolition of making a will can be made through the commission of an order canceling such. The said order must also be made in writing and certified by a notary. "
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