Rare species of wills

24.12.2013 01:00
Articles about real estate | Rare species of wills The problem of transfer or inheritance faced by many. And if conventional wills we are familiar, the atypical cases are virtually unknown to all. And here it is about these atypical forms of wills, we will talk today. Lawyer Oleg Sukhov, president of the Guild of Lawyers real estate market , said "owner" of the six types of such recent orders.

Simultaneous or mutual wills

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Such wills are usually made by spouses , while the heir is always the "second half" , ie, husband leaves everything to his wife , and his wife - her husband. This is a typical situation in Western countries, we have it is much rarer . Oleg Sukhov recalls that in the late 90's were his customers , which accounted for just such a testament. Naturally, they did not anticipate that they will die in one day. However , exactly what happened , they were killed in 2004 during the terrorist act . According to the Civil Code , the wife , who died in one day, considered to have died at the same time . One-half of all the property that belonged to his wife , inherited two children, survivors, as the woman was brought up in an orphanage and had no other relatives . And half of the husband's property was divided by law between his two children and his mother, who was alive at that time and took to his grandchildren.

Heir - a legal entity

It is known that one can bequeath property and organizations , that is a legal entity . And such a will is not uncommon , just so people bequeath art collections and museums. For example , a French collector of Russian origin, Alexander Liapin Saratov bequeathed to the museum two paintings by the famous Russian marine painter Alexei Bogolyubov . But Victory Parade participants Fedor Bondarenko was a testament to all the trophy balalaika , which have to pass the Siberian regional museum after his death.

spare heir

There are cases where a will specify not only the main heir , but another person who will receive the inheritance , if a prime candidate dies before the testator. That other person is a backup and heir. "In 2011, entrepreneur Man- YEHOWAH commanded cottage only son - gives an example lawyer Oleg Sukhov. - At the same time, Man- YEHOWAH said that if his son did not come into inheritance rights ( at the time of probate son fell ill ), this house goes to his nephew , and not any other relatives. So soon happened . Man- YEHOWAH died , and two weeks later he died and his son . Cottage got a nephew . "

secret testament

There is a secret testament , the contents of which no one knows. Such a will is drawn up personally by the owner, then it is sealed in an envelope and given to the notary in the presence of two witnesses , while no one knows the contents of written paper. Only after the death of the testator , and upon presentation of the death certificate , this document shall be delivered by a notary stakeholders. When this occurs it can not later than the fifteenth day after the death, and in the presence of at least two witnesses.

Announcement is as follows. Notary opens the envelope , read the text of the testament , and then draw up a report where he signs and gives a sign to the witnesses. The original wills notary shall retain , and heirs issue a certified copy of the protocol. If you do not follow the entire sequence of procedures that may appear nuances that allow to challenge it in court.

Notaries recommend testator follow these rules:

- Write clearly and legibly testament . Even one clear word threatened litigation. Oleg Sukhov recalls that in 2011, the district court of Moscow was a matter of interpretation is a few sentences in the will , as it was written by illegible handwriting .

- Corrections and corrections should be excluded.

- Fully the surname, name and patronymic of heirs , as well as the address of the real estate.

- The document should be written in Russian , the notary must then it will only read and not translated. Otherwise, again, can not do without trial.

Testament to the encumbrance

Sometimes bequest not only receive bequests , but certain commitments . For example , in the west spread that heirs shall in accordance with the will include dogs , cats, fish and other animals that used Image: Rare species zaveschaniyprinadlezhali dead . In Russia, however, all such probate related to housing question . Oleg Sukhov gave the example of a typical case : "In Odintsovo in his own apartment with his second wife lived citizen Tarasov . Common children they had . However, from his first marriage he had a grown son . Tarasov once made ​​a will , which appointed his successor and son wrote to his apartment. In this case the testator ordered his son not to deprive her stepmother housing, and give her the opportunity to live in the apartment until her death or until the widow until she did not move to a different address . Will the testator was expressed very clearly . When Tarasov died , the heir came into ownership and immediately began surviving widow of apartments : locks punched in the hall and the kitchen , as well as nails hammered into the pantry door . The woman was silent, but when " sonny " rudely asked her to move out of her patience snapped and she sued . The trial was brief. The judge examined the will, heard the parties , the notary and witnesses , and then made ​​a decision , which is obliged to fulfill the will of the testator , providing an opportunity to use the widow of housing. "
Testament to the extraordinary circumstances

Typically, such a document is drawn up in terms of life-threatening when a person can die at any moment. To design such a will need only two witnesses , a pen or pencil and a piece of paper at least . Oleg Sukhov recalls the case when one hunter in the forest severely mauled bear. A man was seriously injured and lost a lot of blood. Somehow he got to the shelter, where he was part of a helicopter to assist . And already on board in the presence of members of the crew , as well as a paramedic hunter weakening hand was a testament to the tetrad piece and appointed heir nephew. Taiga men could not save . He died a week after surgery. But his will was accepted as legitimate, although it was stated in writing.

So this is not typical types of wills, but they must be prepared in accordance with statutory requirements.
Content tags: Property Legislation
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