What you should know when you make a will?

17.09.2012 09:00
Articles about real estate | What you should know when you make a will? When making a will sometimes come in unusual situations to be aware of all the owners. So, for example, quite often, the husband and wife make out with each other will, in terms of which the death of one of them, the inheritance goes to another. Here, everything is clear, but the question arises: How will share the inheritance in the event of their simultaneous deaths, such as in an accident? The law on this subject says: citizens who died in the same day are considered simultaneously dead and not inherit from each other after. At the same time urged the heirs to inherit each. So, the couple left two children and his wife's mother, father, husband, other heirs of the first at the time of death of spouses do not. Property owned by his wife, become the property of 1/3 share of the children and mother-wife, that is, Grandma children. Thus, the property owned by the deceased spouse, and in the amount of 1/3 share goes to his father's wife and children, that is, Grandpa children.

Sometimes it happens that the legacy bequeathed man is a legal entity - a company or public organization. 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.

Related article: Buying land, buying a house: the necessary documents

When writing a will is the owner of the property to determine not only the main heir, who wants to leave his property, but also to indicate spare the person who has the right to claim the property if the primary heir dies before he could take it, or for other reasons can not receive an inheritance, for example as unworthy heir. For example, a homeowner may bequeath him an apartment belonging to his eldest son, pointing out that if, for some reason, the eldest son receives this inheritance apartment become the property of her youngest son.

Owners have the right to make a secret, a secret will. Property owner may make a will, without showing the text to anyone, even the notary. This will in a sealed envelope sent to the notary in the presence of two witnesses. Being opened in the presence of two witnesses, only 15 days after 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 allows assigning to the heirs and executor duties to commit any act that prescribes the testator in the will. For example, the obligation to keep domestic animals belonging to him or even cattle, as well as to provide adequate supervision and care for them. If the heirs do not agree to carry out the will of the testator, ie as in this example, care for pets, the legacy they will still get it. In this case, the stakeholders, to or for the benefit of which established a testamentary charge, right on the court to force the heirs to fulfill these obligations.
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