The procedure for registering a will for an apartment and the cost of all procedures

A will is a very useful document that solves a huge number of problems when distributing property to the relatives of the testator. Contrary to well-known fears and beliefs, according to notary statistics, people who have drawn up a will, as a rule, outlive their peers who did not leave a last will.

1. In what cases is it necessary to write a will?
2. How to make a will - form, list of documents, deadlines
3. Registration of a will with a notary - cost of services, features
4. Legal force of a will

To whom can you leave an inheritance under a will?

You can bequeath property (in whole or in parts) to anyone:

• to a relative, friend or stranger;
• one person or several;
• citizens of another country;
• organization (for example, a library or academy);
• to the state.

Just in case, you can indicate a “spare” heir in the will if, for any reason, the “main” heirs cannot accept the inheritance - for example, they die before the opening of the will or abandon the property.

Will in emergency circumstances

This type of will seems to be the most difficult and easily contested. In Art. 1129 of the Civil Code of the Russian Federation, the legislator establishes that this type of will is drawn up in conditions that clearly threaten the life of the testator. At the same time, a written form of the will is mandatory, and the presence of two witnesses is also required in the presence of whom the will is written and signed. One can imagine that in emergency situations, great luck would be to find not only a pen and paper to draw up a will, but also two witnesses who, in such conditions, would agree to be present when this action is carried out. The amount of judicial practice in this category of cases is not so extensive, since compliance with all of the above conditions is in itself difficult.

Least common type of will

Types of wills

Chapter 62 of the Civil Code of the Russian Federation provides for several types of wills and describes the conditions when they can be applied:

1. A will certified by a notary. The most common type of will is universal in nature. A citizen, in the presence of a notary, clearly expresses his will regarding the inheritance of his property. The joint will of the spouses is also certified by a notary.
2. Closed will. Such a will is handed over to the notary in a sealed envelope without the contents being announced in the presence of two observers. The notary certifies only the sealed envelope itself.
3. A will equivalent to a notarial will. This could be the situation of being on a ship, in a hospital, in prison, and the like.
4. Testamentary disposition of funds. It is issued only for funds in bank accounts.
5. Will in emergency circumstances. If there is a threat to life, any citizen can express his will in writing under the supervision of two disinterested persons. Such a will is valid for no more than one month from the moment the mortal danger ceases and in the future must be replaced by an ordinary notarial will.

In addition, a citizen has the right to enter into an inheritance agreement. Such an agreement determines the procedure and conditions of inheritance in the future and can be used instead of an annuity agreement .

When is it necessary to write wills?

The practice of drawing up wills has not yet become widespread in Russia, unlike in European countries and the USA. However, there are a number of situations in which making a will is a sign of caring for your loved ones. Most often, a notarized last will is resorted to in the following cases:

1. A person has a significant fortune and a large number of relatives. It is necessary to avoid possible conflicts when distributing property between close people.

2. The presence of a person to whom you would like to leave the property and who will not be able to receive it by law unless indicated in the will.

3. Ownership of objects in need of management. In this case, the testator can himself determine the circle of heirs who can be entrusted with leadership.

Often, people who treat all their loved ones with equal warmth do not bother about making a will. Relying on Section 5 of Chapter 63 of the Civil Code of the Russian Federation, a person expects an equal distribution of property among his closest relatives.

According to the law, persons claiming the property of the deceased are divided into so-called queues:

The first is children, spouses, parents.

The second is brothers and sisters, grandparents.

The third is uncles and aunts.

The law works in such a way that all property goes to the next person in line. For example, if the deceased has children, as well as brothers or sisters, the entire inheritance goes to the children.

How many times can you make a will?

The law allows you to revoke a will, make changes to it, or make a new will as many times as you like. There are no restrictions. Moreover, each new will automatically cancels the previous one.

Therefore, it makes sense to draw up a will based on the current situation and change it if life circumstances change. In the absence of a will, all property will be transferred to the heirs according to the law, and if there are no such heirs, to the state.

Testament of a share in an apartment

The owner of an apartment can dispose not only of the entire apartment, but also leave a share to someone else. The process will be similar to that discussed above. You can distribute individual shares among several heirs. In this case, it is necessary to spell out in detail what share is due and to whom.

If this point is not specified, the right of common ownership arises when all new owners have equal shares. Do you only own a share in the apartment? You also have the right to leave a will to your heir or several heirs. In this case, the same sample will is used. You can leave only part of the property to the chosen heir, and the rest will be divided among the remaining heirs according to the law.

It is important to write down all your requirements specifically. Indicate the exact details of the future heir, address and parameters of the living space. In some cases this can play a decisive role.

How much does it cost to make a will?

The total cost of registering a will consists of several parts:

1. The state fee for registering a will by a notary in all cases, including certification of a closed will, is 100 rubles.
2. The cost of preparing the document itself depends on who will draw up the will. If the mortgagor himself expresses his will in writing in compliance with all the requirements for the content of the document, then there is no need to pay anything for the preparation. If he uses the services of a notary or a third-party lawyer, he will pay for the work at the rates of the hired specialist.
3. Additional costs may arise if you have to invite a notary to your home, hospital, or other place outside the notary's office.

Rules for registration and form of a will

The contents of the document must be considered carefully. If the form is incorrectly drawn up or deviates from accepted norms, the will will be considered invalid. This rule is spelled out in Part 3 of the Civil Code of the Russian Federation.

The process of registering a sample for an apartment:

1. The decision to choose an heir. Selecting a circle of interested parties, determining to whom, how much and what part to leave.
2. Selection and verification of documentation.
3. Direct writing of the text of inheritance (will form) of an apartment, house or other property. This can be done independently or in the presence of a notary. The completed document must be checked and confirmed by a government representative.

A sample will for an apartment should contain the following clauses:

• date of;
• registration address of the testator indicating the country and locality;
• details of the apartment owner (full name, date and month of birth, passport number and date of issue);
• information about the apartment, its address, area size, special characteristics;
• information about the persons who inherited the property: full name, address, date of birth, place of registration;
• drawing up a form for inheriting an apartment;
• signature;
• information about the notary: full name, address of the notary office;
• the text of the notary's certification inscription, in which he confirms the will of the testator;
• seal and signature of a government representative;
• indication of the amount of duty.

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How to draw up a sample will for an apartment correctly:

• the text must be legally literate;
• the text should not contain ambiguous expressions or contradictions;
• Abbreviations are excluded, last name, first name, patronymic are indicated in full, addresses are written in words in the following order: country, locality, street, house, building number, apartment number.

Let's look at a sample of how to correctly write a will for an apartment.

City of Simferopol, Crimea, June second, two thousand and eighteen.

Of the property owned, the specified apartment number 17, which is located at the address: Republic of Crimea, Simferopol, st. Aivazovsky, 52,

I bequeath to my daughter - Maria Yaroslavovna Soboleva, born 02/20/1975.

The content of articles 1118 clause 2, 1119 clause 2, 1149 clause 2 of the Civil Code of the Russian Federation is explained.

The inheritance will form for the apartment is drawn up in two copies. One remains with the notary Ekaterina Pavlovna Samoilova, and the other is handed over to the testator.

Signature: Sobolev Yaroslav Viktorovich

City of Simferopol, Republic of Crimea

The second of June two thousand eighteen.

The document was certified by Ekaterina Pavlovna Samoilova, a notary of the city of Simferopol, acting on the basis of license No. 154/114, issued by the Department of Justice of the Republic of Crimea on October 2, 1998.

The identity and capacity of the testator have been verified.

The content of Article 1149 of the Civil Code of the Russian Federation is explained.

Registered in the register under No. 48522

The tariff charged is 1000 rubles.

Notary: Samoilova Ekaterina Pavlovna

The testator has the right to fill out the form, which will be kept secret until the death of the testator. Such an action is regulated by the article “Closed will” (Article 1126 of the Civil Code of the Russian Federation). Neither relatives nor representatives of the law have the right to familiarize themselves with the contents of this document in advance.

If the owner of the apartment decides on a closed will, the document must be drawn up clearly and unambiguously so that no disputes arise. It is opened only in the presence of witnesses and a notary, only then the legal share passes to the relatives. Minutes are kept during the meeting.

What must be specified in a will

A correctly executed will must contain several mandatory entries - in their absence, the document is invalidated:

1. Information about the testator – full name, year of birth, passport details.
2. Date the document was signed.
3. In the case of a notarization, the date and place of execution of the certification record and the notary's data must be indicated.
4. The signature of the testator himself or the person who signed the document in his place. The testator must sign the document in the presence of a notary after the notary reads the text of the will out loud and makes sure that the citizen understands the meaning of what is written and agrees. If he cannot sign the will, for example, due to physical impossibility or illiteracy, then in the presence of a notary another person can do this instead of the testator.
5. Witness signatures when required:

• if a closed will is transferred to a notary;
• if a will is drawn up without the participation of a notary (equated to a notarized will or a will in emergency circumstances);
• at the request of the testator.

Legal force of a will

As such, a will has no expiration date. It remains valid until it is changed or annulled by the testator. When considering the timing of a will, it is more appropriate to talk about the timing of the heir’s entry into the legal rights of the owner of the property, namely no later than 6 months from the date of the testator’s death.

When the will comes into force, the heir must submit an application to accept the inheritance, thereby expressing full consent and desire to enter into legal relations with the object of inheritance.

How to write a will for an inheritance without it being contested

Established judicial practice shows that 2 categories of heirs can challenge a will:

1. Heirs by law.
2. Heirs by will.

To ensure that the heirs do not have problems and disputes when entering into an inheritance, the basic principles of drawing up a will must be observed.

1. Requirements for the procedure:

• as a rule, notarization in compliance with all requirements for the document;
• no doubt about the sanity of the testator (in case of alcoholism or mental illness, certificates about the adequate condition of the person at the time of drawing up the will will be required);
• eliminating the possibility of being influenced by deception or violence;
• as a rule, it is not necessary, but desirable, to have witnesses indicating their details in the text of the will and signatures on the document;
• video and audio recording of the process of drawing up and signing a will - you should not refuse such a recording even in optional cases, this recording can become decisive evidence.

1. Content requirements:

• compliance with the interests of heirs by law;
• consistency of instructions in the document.

What documents are needed to draw up a will?

In case of transfer of housing along with all property, a passport of a citizen of the Russian Federation is sufficient to draw up a will. For elderly people over 55 years of age, it is advisable to bring a certificate from a psychoneurological dispensary confirming that at the time of making the will you did not suffer from dementia. After 70 years, a psychoneurological examination becomes mandatory. Video recording of the registration of the will can serve as additional evidence of legal capacity. When an apartment is transferred as part of the property, you will also need to present documents confirming ownership of the property.

How to make a will for property that will appear in the future

When drawing up a will, it is not necessary to list all movable and immovable property owned by the testator at the time of death. You can use the universal formulation: “All property that turns out to belong to me.”

In addition, it makes sense to consult a notary on how to correctly list future property, if the need arises. For example, at the time of writing a will, a citizen owns a plot of land on which he plans to build a house and bequeath it to his sister. In the will, you can indicate that the sister should receive a plot of land with a house - despite the fact that construction is still being planned.

Where to go to register a will?

In old age, people begin to think about how to save their loved ones and close relatives from possible squabbles and scandals, and they independently draw up a will in the form of a last will. The will specifies to whom exactly and what share of the inheritance will go.

Reference! A will can mention not only relatives, but also complete strangers. But the testator cannot draw up an act of his last will on his own.

It often happens that people think about drawing up such a document when they are seriously ill, so they are not always in their right mind. To ensure that the heirs have no doubt that the testator was in good health, the preparation of a will is the responsibility of a notary.

You can independently choose the notary office in which you are most interested, or with which you have been cooperating for a long time.

Before drawing up your last will, the notary will review a medical certificate stating that you are of sound mind and ready to take responsibility for your actions and words. A will is drawn up on a specific form, and a notary helps you form it correctly.

Such an act is certified by the signature and seal of a notary . Moreover, the details of this document are entered into a special register, and now no one will be able to dispute the fact that the last will was left.

After the death of the testator, after the period of 6 months allotted by law, it is the notary who opens the will document for all heirs. That is why, if you have a question about drawing up such a document, you should contact the notary directly.

Read about how to draw up a will yourself or with the help of a notary here, and about how much it costs to draw up a will with a notary, read here.

How to make a will for an apartment

A will for an apartment can be drawn up anywhere; the method of its execution will depend on the specific circumstances. The best way is to contact a notary in a calm atmosphere.

If the situation requires an urgent solution, then you can write a will both in the hospital and at home - for this it is best to invite a notary for an additional fee. As a last resort, the will can be written by hand in front of 2 witnesses. The document can be certified, for example, by the chief physician of a medical institution, his deputy or the doctor on duty. To make the will more legal, you need to film the entire process – even a phone camera will do.

By law, only a passport is required to draw up a will. However, it is better to immediately take the title documents for the apartment with you to the notary:

1. The contract for its purchase with the stamp of the registering authority.
2. An extract from the Unified State Register of Real Estate on the transfer of ownership or a certificate.
3. Current extract from the Unified State Register of Rights and restrictions.

The documents under points 1 and 2 are always in the hands of the apartment owner, but the extract under point 3 must be received anew each time, since it is valid on the day of issue.

Such an extract can be ordered electronically by a notary or the apartment owner himself. It is convenient to use the EGRN.Reestr website - an official extract from Rosreestr for any real estate can be ordered quickly and anonymously. The document is valid in any instance.

A notary will help you correctly formulate the will of the testator, but you need to think in advance about who the apartment will be assigned to. If several people own an apartment, you will have to indicate the share of each of them, not forgetting the rights of compulsory heirs.

A citizen has the right to dispose only of his part of the apartment. If a person made a will for an apartment, in which he personally disposed of the property common to his spouse, then such a will will not be executed subsequently. That is why the notary usually asks to provide documents for the property and requests up-to-date certificates.

Why do you need a will?

Many people consider drawing up a document with specific instructions from the apartment owner to be completely unnecessary, because the law reliably protects the relatives of the deceased. This is true, but only in the case where there is no doubt about the rights of the heir. And if there are several people applying for housing, but not getting along with each other, then the question of a will becomes extremely pressing.

In addition, sometimes the owner of the area simply does not have relatives, or he expresses a legally accessible desire to change the share in the inherited real estate to one of them. There are many options. Parents often try to fairly distribute property between their 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, failure of which may result in exclusion from the list of applicants for the property. The condition may be mandatory residence in the grandfather’s apartment, lifelong care for a beloved pet, or financial support for a relative.

How to make a will for an apartment together with your spouse

If the apartment is in common ownership or was purchased during marriage in the name of one of the spouses , then after the death of any of them the deceased’s share will have to be allocated and divided between the heirs by will or by law. It happens that the situation becomes confusing and requires a separate investigation.

Let's give an example. The couple bought an apartment and registered it in the husband's name. He wrote a will in favor of the children and died. However, the wife is entitled to 50% of the property acquired during the marriage. As a result, her share will have to be allocated, and then the remaining portion will have to be divided among the heirs. Such incidents cause conflicts and costs.

A joint will of the spouses allows them to avoid such hassles, to which they express a common will in relation to the property belonging to both of them. Moreover, after the death of the husband or wife, no inheritance is formalized; the second spouse continues to own all the property. Only after the death of the surviving spouse will the apartment pass to the heirs under a joint will.

Like any other, such a will can be canceled or challenged at any time.

A joint will is subject to special rules:

• must be certified by a notary, and the process of its registration itself is filmed;
• it is prohibited to draw up such a will in closed form and in emergency circumstances;
• It is impossible to draw up a will in a manner equivalent to a notarial one.

Will with condition

In accordance with the provisions of civil law, a will is a transaction between the testator and heirs. Therefore, certain requirements on the part of the testator can be inserted into its text.

The main thing is that they do not contradict the provisions of current legal norms - otherwise such a document will be declared invalid by the judicial authorities.

Condition of lifelong residence

Among the most common conditions accompanying the last will of the deceased is life maintenance, or lifelong residence of certain persons in the bequeathed property. A will with a condition of lifelong residence implies that a certain third party has the right to live in the inherited apartment for life.

Let's look at an example

For example, a citizen decided to inherit his home to his grandson. But, caring about the future of his wife, he includes in the text of the document a provision stating that she has the right to live in the house indefinitely. Theoretically, a will with a condition can be challenged by the testator in court. But, in most cases, the court sides with the deceased testator and the person referred to in the condition of lifelong residence.

How to make a will for an inheritance in secret from everyone

The law allows you to write a will completely alone and not show its contents to anyone, including a notary. For this purpose, there is a special type of document - a closed will, which is drawn up in a special way:

1. The will must be written by hand, signed and sealed in an envelope.
2. Hand over the sealed envelope with the will to the notary with two witnesses. At the time of transfer, witnesses sign on this envelope.
3. The notary seals the received envelope with the will into another envelope, on which he makes certifying inscriptions. In addition, the full passport details of the witnesses, including their place of residence, are recorded on the outer envelope.
4. The testator is given a certificate of acceptance of the closed will. A copy of the will itself is not made, since the envelope cannot be opened until the death of the testator.

In addition, the law also protects an ordinary will from disclosure: all persons familiar with its contents must remain silent. If the secrecy of expressing a person’s last will is violated, then it is possible to recover compensation for moral damage from the perpetrator through the court or apply other measures to protect civil rights.

Testamentary disposition of the right to funds in banks

This type of will is interesting because such an order can be drawn up not only by a notary, but also by contacting the bank where the account with the funds is located. Moreover, such an order must also be signed by the testator and certified by a bank employee who has the authority to perform such an action. This type of will is regulated not only by Art. 1128 of the Civil Code of the Russian Federation, but also the Rules for making testamentary dispositions for funds in banks.

An important point is that making such an order at the bank is free.

To draw up a testamentary disposition in a bank, the presence of a notary is not required.
Judicial practice in this category of cases is very interesting and allows one to take into account possible nuances when drawing up testamentary dispositions. Thus, the plaintiff applied to the court with a request to recognize the right of ownership of funds through inheritance. At the same time, the court found that the deceased had a bank account in respect of which a testamentary disposition was drawn up in favor of the plaintiff. After the order was drawn up, this account was closed by the testator, but two other deposits were opened in the same bank branch. The plaintiff believed that since the testamentary disposition had not been canceled and was drawn up in her favor, then she had the right of ownership to all funds stored on deposits of the deceased. The court did not agree with the plaintiff and rightfully indicated that the will of the deceased was directed to this specific account and could not be extended to all other accounts opened in her name. In this situation, it appears that the testator was truly unaware that closing the account would automatically revoke the testamentary disposition, but the provisions of the law were stronger. This is why it is so important to consult with lawyers when taking important legal steps such as drafting a will.

Who can be disinherited and how to do it

With the exception of compulsory heirs by law, any person can be disinherited. To do this, it is enough to correctly draw up a will in which the property is fully distributed among the heirs. In addition, in the will you can directly write that the testator is depriving a certain person of inheritance.

The law identifies several situations when close relatives (children, spouse and parents) are prohibited from completely disinheriting:

1. The heirs retired due to age.
2. They have no more than five years left until they retire.
3. These relatives have disabilities.

If the testator lived with other people and provided them financially, then they receive the same rights to an obligatory share in the inheritance as relatives. All these people have the right to an obligatory share of the inheritance, but with the help of a will it can be halved.

There are situations when the heir tried to artificially increase his benefit from the inheritance or speed up its receipt - for example, he killed the testator or other heirs. In this case, the court will recognize him as an unworthy heir and deprive him of his inheritance. This rule also applies to compulsory heirs.

If a child dies whose mother or father was deprived of parental rights, then this parent will be recognized as an unworthy heir and will not receive a mandatory share of the inheritance. However, in his will, the testator can forgive him and allocate a share in the property.

Sometimes, instead of drawing up a will, they use another way to disinherit - they re-register the property during the testator’s lifetime to another person. In this case, after death there will simply be nothing to divide.

Is it possible to challenge a will?

Cases when heirs are forced to go to court to challenge a will are quite common. Sometimes the relatives of the deceased experience a real shock when they learn about changes to a will that has already been drawn up shortly before death. The reasons may be different - a quarrel with a potential heir, hidden mental imbalance, dishonesty of deceivers and criminals. In an effort to correct what they have done, the closest relatives are trying to find a legal way out of the current situation.

An application for invalidation of a will can only be made after the death of the testator. The law states that the heir of the first priority, 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 compelling reasons, the court can make a decision to recognize the testamentary document as invalid . A long and labor-intensive process that requires time and moral restraint, but can, however, lead to the expected result.

Certificate without a notary

In medical institutions, when a person’s life is threatened, nursing homes, military units, for prisoners, as well as when a person is on long expeditions, the right to certify a will is granted to managers and their certification of a transaction is equated to notarial acts.

In exceptional circumstances, when there is a real threat to a person’s life, it is possible to formalize the expression of will in a simple form, certified by two witnesses. The validity of such a will is limited to a month. If it is not then certified by a notary, it is considered invalid.

How to cancel a will and make a new one?

The testator may at any time cancel the order of inheritance established by him or change any of its clauses. In principle, you can contact any notary on this issue, but it is advisable to have the new will certified by the same notary.

At the same time, the testator is not obliged to notify the persons named in the previous will about changes or exchanges. In order to cancel or change your will, an application to cancel the will is submitted to the notary or the relevant official.

It can be expressed when writing a new will. Applications for cancellation or a new will, canceling the previous one, are sent to the same notary. This also applies to a will made in emergency circumstances, but cannot revoke a closed will.

Pros and cons of a will

Making a will has long been no longer considered the preserve of the rich or elderly. You can draw up a document at any age, even if you own even a very small apartment or house. A will is an expression of the will of the author, secured by the signature of a notary. Requirements for the author - age over 18 years, legal capacity and ability to make informed decisions. In addition, this is a personal will, which means that no one has the right to blackmail or force the owner of the property to write a will.

Notaries notice that most often this question is addressed by those who have already encountered problems with registering an inheritance. Who knows first-hand what litigation with relatives or attempts to prove the right to their share is like.

What does a testamentary disposition provide:

• The author distributes his property among close relatives and other persons as he wants: shares, objects, as a percentage.
• You can prohibit someone from claiming property.
• The author can assign his property to those with whom he is not related by blood.

A will also has disadvantages:

• The testator may suddenly change his will, but not have time to rewrite the will.
• Those mentioned in the will may die before the author himself. Then the property will be distributed among legal successors or go to the state. There is a way to be safe from such a situation: to assign additional heirs to the main heirs.
• There is a concept of an obligatory part of the inheritance, which testators often do not take into account. Even if the owner of an apartment or house deeded the entire property to his best friend, the dependents will still receive an obligatory (inalienable) part of the inheritance.
• Finally, a document that is not drawn up according to the rules can be challenged.

Will for residential real estate: Why do you need a document?

If the testator wants to transfer real estate not to his relatives, but to other persons, or to divide the property among heirs at his own discretion, then a testamentary act can help him in this. With its help, he will be able to independently determine the heirs, deprive one of them of their due share, or perform other actions. The testator can draw up an order regarding residential real estate either independently or in a notary’s office.

The procedure does not require a large sum, since drawing up an order and its certification is inexpensive. Help in this matter is often free and should not be neglected. Not only the correctness of the order will depend on it, but also the impossibility of challenging it for those persons whom the testator decided not to include in the document.

How to make a will?

1. The testator is obliged to complete the transaction personally. Any adult citizen with full memory and mind has the right to draw up a written expression of his last will. That is, he must be fully competent, not registered at a psychoneurological dispensary, and not be recognized as a chronic alcoholic or drug addict.
2. Do not have a chronic disease that affects his mental abilities and understanding of the current situation . There is a form of illness when a citizen, under the influence of pain, simply due to physical capabilities, is not able to understand what is actually happening at the moment.

Failure to comply with these conditions results in the will being declared invalid. Therefore, the notary must establish the legal capacity of the testator. At the same time, they provide a detailed explanation of the content and legal consequences of the deed of gift. The testator must know in what cases the will may be subsequently challenged. A document cannot be recognized as valid if pressure was exerted on the testator in any form. The basis for canceling a will is the appointment of unworthy heirs, the list of which is clearly defined in the legislation. In addition, there is such a thing as a share for compulsory heirs.

Advice from a lawyer : Fraudsters often take advantage of this circumstance. And if you, as one of your closest relatives, are shown an inheritance document by a stranger, and you know for sure that your relative simply could not do this, then this circumstance can only be resolved in court if there is indisputable evidence of a violation of the logical thinking.

What documents will be needed?

The notary requires the following documentation package:

• Civil passport or other identification document: military ID, sailor's document, certificate of diplomat or consul;
• Grounds for owning an item that can be inherited: registration certificate If you are over 60…
• ownership rights to the apartment;
• If the testator is over 70 years old, then a certificate from a medical institution about the citizen’s legal capacity will be required.

Will form

It is allowed by law to write a will by hand , but if there are witnesses who must also sign the document.
If this clause is not present, it may be declared invalid, and then the division of property will take place in accordance with the Law, that is, according to the order of relatives. This document can be registered, like other contractual obligations, then there will be more confidence in it from third parties.

A notarial form is not mandatory, but at the same time it is preferable to a simple written document. There is no need to register it: the number will be entered in the unified register of hereditary notarial affairs, these amendments were made quite recently, but they are valid throughout the entire territory of Russia.

Making a will

So that the future heir does not have problems with entering into inheritance rights, the document must be correctly drawn up: it is better to do this in the notary's office, he will do it in accordance with the requirements of the Law.

But if this is not possible, then the text of the document must contain the names of the witnesses who were present when the will was drawn up and signed ; they also sign it in writing, and stipulate that it was written in their presence by a healthy person without mental anomalies. This registration point is mandatory so that relatives have fewer doubts about the testator’s legal capacity.

All participants in the process also sign, indicate the place of preparation and date . In total, you need to fill out 2 copies, you can keep one for yourself and give the other to a future applicant. Please note that it cannot be stated orally: the law does not accept such agreements to transfer ownership after death, even if there were witnesses to the agreement.

How much does it cost to make a will? The cost of the service of notarizing a testamentary disposition consists of 2 amounts: the fee for the services of drawing up a document (in 2020, on average, about 1000-1200 rubles per page), which is determined by the notary himself; notarization of a will - 100 rubles. These are approximate prices; each notary office sets its own prices.

What must be included in a will?

• Who, indicating the full name, patronymic and surname, postal address of registration, compiled the document;
• In favor of whom it will act after his death: the same complete data about the citizen;
• Subject of inheritance: a thorough description of the apartment: postal address, where the property is located, on what floor it is located, indicating the total and living area, the presence of a balcony or loggia. All this data can be taken from the title documents, there is a complete description there;
• Place of compilation: in a notary’s office or at your place of residence;
• Date and signature of the testator.

Advice from a lawyer: the lack of data by which it is possible to accurately determine the subject of inheritance may lead to a refusal to transfer ownership from the testator to the heir. This point is decisive and very important.

Sample will for an apartment

You can view a sample example here, fill in your details and complete the document.

Procedure for drawing up a will

The law provides for several testamentary forms:

1. Open – when all interested parties can know about the will of the apartment owner during his lifetime;
2. Closed - when applicants can find out about the final heir only when the will is read out at the time of his death;
3. Simple written form - written arbitrarily, but with a description of the subject of inheritance and passport data of the citizen who will receive it in the event of his death;
4. Notarial - drawn up in the presence of a lawyer in the inheritance case, registered and can be announced when the moment of death of the testator occurs.