How to make a will for an apartment?

An exciting question often arises before the owner of his own apartment - what will happen to the property when it is gone. The fear of losing hard-won housing, which has remained since Soviet reality, makes us think about solving the problem and consult with specialists long before retirement. Our humane laws are extremely accessible and explain in detail how to make a will for an apartment so that a close and beloved person acquires a legal right to living space after the death of the owner.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

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Testament or deed of gift - how to decide?

You can either bequeath your property or donate it. In the first case, the documents confirming the decision of the owner need to be certified by a notary, in the case of the registration of housing in Rosreestr. The main and very important, requiring special attention, difference lies in the ownership of the apartment. After the official drawing up of the will, the owner continues to live in his apartment and enjoy all the rights he has - he can rent it out, sell it or donate it if necessary.

The will will become valid only in the event of death, so the future heir does not have any legal right to perform any actions with the specified apartment. In the case, the former landlord is deprived of all rights and is at real risk of becoming homeless.

When is it time to think about real estate heirs?

Will- this is the right granted by law to dispose of property in the event of death, it is guaranteed to all capable persons. In the Russian Federation, legal capacity comes at the age of eighteen. This age can be lowered to sixteen, but only on condition of full self-sufficiency, that is, for permanently working citizens. Persons who abuse alcohol, have mental disorders and drug addicts may be limited in their actions by a court decision. Therefore, any adult Russian citizen who is the owner can seriously think about making a will.

Why is a will needed?

Many consider drawing up a document with certain instructions from the owner of the apartment completely redundant, because the law reliably protects the relatives of the deceased. This is true, but only if there is no doubt about the rights of the heir. And if there are several applicants for housing, but not getting along with each other, then the issue of a will becomes extremely relevant.

In addition, sometimes the owner of the area simply does not have relatives, or he expresses a legally available desire to change the share in the inherited real estate to one of them. There are many options. Often parents try to fairly distribute property between children: they leave an apartment for their daughter, and a country house for their son.

Drawing up a carefully thought-out will is a unique opportunity to leave an important order for the owner of the living space, the so-called testamentary refusal, the failure to comply with which is fraught with exclusion from the list of applicants for real estate. The condition may be the indispensable residence in the grandfather’s apartment, life-long care for a beloved pet, financial support for a relative.

How to write a will for an apartment?

The following information, required by law, must be indicated in the will:

1. Date of Birth;
2. address of permanent residence;
3. data of the first page of the passport - when, where and by whom it was issued;
4. information about future heirs;
5. description of the apartment;
6. date of the will.

It is necessary to pay close attention to the last point, because if the date or incorrect information about the place where the document was drawn up is not indicated, if there is a need to go to court, it will be declared invalid. Litigation may be needed if other existing heirs decide to challenge it.

A notary can tell you how to write a will for an apartment by providing a sample filling. The document is drawn up in 2 copies, one of them will be securely stored in the notary's office until demand, the second will remain with the testator. If a need arises, it can be canceled or something can be changed - add or remove one of the heirs, put forward an additional condition, etc.

You can also view a sample will.

How to change or revoke a will?

The appearance of a new will automatically annuls the old one. It is allowed to make some changes to an already existing declaration of will. If later disputes arise, the presence of several such documents is revealed, then the latest testament is considered to be more reliable and most appropriate to the will of the deceased according to the law. That is why the date of the document is so important.

In some cases, an application is written to cancel a previously executed will. After its official certification by a notary, all orders made before this are invalidated.

Can I bequeath a share?

The legal owner of the apartment has the right given to him by law to dispose of the apartment or part of it belonging to him. The process of bequest of a share is similar to the one already discussed. It is allowed to distribute real estate among several applicants, indicating a certain share of each of them. Without specifying the proportional division, the right of common property arises when each heir owns the same part as the rest.

Documents for a visit to a notary

Specialists of various companies providing professional legal services can give professional advice on how to draw up a will for an apartment and provide a list of necessary documents. Having prepared the required papers with their help, you can reduce the visit to the notary to a minimum.

If the testator is far from retirement age, to visit the notary's office it is enough to prepare a passport and original documents on the ownership of real estate. After 55-60 years, for the procedure of drawing up a will, a notary has the right to ask for a certificate from a psychoneurologist about the absence of diseases that could prevent registration. After 70 years, the presence of a medical conclusion is mandatory. But information about potential heirs can be entered from the words of the applicant.

Registration process

Elementary illiteracy and ignorance of how to make a will for an apartment can sometimes lead to unexpected consequences. It happens, for example, that the owner of a dwelling does not want to acquaint the notary with the contents of a delicate document. The law meets him halfway and in this case provides another, alternative option - to make a closed will, the full contents of which will remain unknown. The document is drawn up by the applicant without the help of unauthorized persons, sealed in an envelope and 2 witnesses sign on its front side. After the procedure is completed, the notary puts it in a special package, indicating the passport details of all participants. The place of the action, the date is fixed, and the envelope is accepted for storage. It will be opened only at the request of the existing heirs after documentary confirmation of the death of the testator.

It is a legitimate concern that, drawn up without legal assistance, a document may subsequently become invalid due to the presence of errors, inaccuracies, distortion of facts, or simply the absence of a date of writing. For this reason, the execution of the will of the deceased may be in jeopardy.

In the case of going through the usual, open procedure, 2 copies of the document are certified, after which the first remains with the notary, and the second is taken by the owner of the apartment. If the testator cannot visit the notarial office in person and makes a call, the amount of the state fee increases.

When can inheritance be used?

It is not enough just to know how to make a will for an apartment, the existence of some legislative nuances may prevent the full implementation of the orders of the owner of the property. After confirming the death of the testator, the heirs, using the services of any notary, present their claims to the living space within six months. The law allocates such a long period for determining the total number of applicants for an apartment, discussing contentious issues, and finding an amicable compromise in the event of disagreements. Everyone specified in the testamentary document will be able to enter into inheritance rights only after six months.

Mandatory legal share in the inheritance

After the death certificate is provided by the heirs, the notary is obliged to open the will kept by him. At the same time, there are witnesses and heirs who expressed a desire to listen to the will of the deceased personally. However, whatever the content of this important document may be, the law clearly defines the circle of persons whose interests should not be infringed upon. The obligatory share in the inherited property is that part of it to which they have an indisputable right:

• minor or unemployed children of the testator;
• disabled parents or adoptive parents;
• persons who were dependents of the deceased for at least a year.

Recognized dependents can be not only relatives of the owner of the apartment, but also those who simply lived with him for a long time (at least one year) and were completely financially dependent on him. The obligatory part cannot be less than 50% of the amount that could be received by law, in the absence of documented orders of the deceased. Its size is scrupulously calculated in accordance with the presence of existing and living heirs. You can refuse to receive it, but this action cannot be performed in favor of a person from the previously designated list, the refused part will be given to the heir by will.

The heir, determined by the will of the deceased, has the right to demand in court a reduction in the mandatory share. If, for example, he constantly lived for a long time in the apartment of the testator, or was engaged in labor activities there, and now, due to the allocation of an obligatory share, his rights are significantly infringed, and living in this living space is impossible. However, in such a situation, it is necessary to know that registration in the disputed apartment will not serve as strong evidence of the plaintiff's permanent residence there.

Can a will be contested?

Cases when the heirs are forced to apply to the courts to challenge the will are quite frequent. Sometimes the relatives of the deceased experience a real shock when they learn about a change in an already made will shortly before death. The reasons may be different - a quarrel with a potential heir, hidden mental imbalance, uncleanliness of deceivers and criminals. In an effort to correct what they have done, the next of kin are trying to find a legal way out of this situation.

An application for the recognition of a will as invalid can only be made after the death of the testator. The law says that the heir of the first stage, whose rights are infringed, has the right to do this. With all the desire of the servants of Themis to respect the last will of the deceased, if there are good reasons, the court may decide to invalidate the testamentary document. A long and laborious process that requires time and moral endurance, which, however, can lead to the expected result.

When is a will invalid?

There are two main reasons for recognizing a will as not meeting the necessary requirements - general and special. Incorrect execution of the document, mental disorder, expression of will under pressure belong to the first. The presence of the second is due to external factors:

• deliberate or inadvertent violation of the secrecy of the will, which entailed the distortion of the orders of the deceased;
• signing a testamentary document or statement by another person;
• lack of legally required witnesses.

In practice, the most common reason for recognizing a will as invalid is its state of mind- alcohol abuse, taking potent drugs, mental imbalance. Sometimes even a post-mortem examination is required, confirming or refuting the presence of abnormalities in the deceased.

When filing a lawsuit, it is worth taking care of the evidence base: the necessary documents, the testimony of relatives and neighbors, medical certificates about the presence of a mental illness - all this will help the court to impartially understand the situation and make the right decision.

Financial expenses

Under the new legislation, now you do not have to pay tax on an apartment received as an inheritance. Certain financial costs will require only the execution of documents on the ownership of the inherited housing and payment for services provided by a notary. This amount is quite affordable - the heirs of the first stage must pay 0,3% from the cost of housing, all the rest - 0,6% . Minor children and those living together with the deceased are exempted from payment. It will not be necessary to pay the required amount to persons whose medical card confirms the presence of mental disorders. Only in the event that the heir puts the property up for sale will you need to pay a tax - 13% of the cost.

In conclusion, it is worth recalling that an apartment owned by the testator on the basis of ownership can be inherited.