Legacy by will in Sevastopol
Inheritance is one way of acquiring property. This is the process of transferring rights after the death of a person. The parties to the procedure are hereby referred to as the testator (testator) and heirs. Objects passing in the process of inheritance are not only property, but also rights. If you are not going to do it yourself, then you will be better suited to a Sevastopol lawyer. If you are thinking of doing this yourself, then read the article to the end.
It should be noted that some categories of debts and duties of the deceased are transferred with them, if they are related to the inheritance (related to mortgages, collateral and the like).
There are only two ways to inherit a thing: inheritance by will and when there is none. The first way you can transfer objects to any person without a sequence at the discretion of the testator: enterprises, organizations, states, as well as foreign entities, stateless persons and any other. In case of inheritance without a will (according to the law), heirs are only relatives of the deceased according to a clear order, prescribed in the legislation.
In all cases, the circumstance after which objects can pass to the persons claiming them is the death of the testator (testator).
An hereditary mass or simply an inheritance is the whole collection of objects that are inherited. It does not include those objects that can not be separated from the person of the deceased: intangible rights, alimony legal relations, claims to third parties for compensation for damage to health. And also concerning which the prohibition prescribed in the law operates.
It is forbidden to inherit partially. The heir must accept the rewards to him in full. If heirs were not found, or all refused, the property passes to the state. Unlike inheritance under the law, where any reservations and conditions are not allowed, in the presence of a will some conditions are allowed. This phenomenon is denoted by the term "mode".
The citizen must necessarily accept or renounce the inheritance. But the testament itself is an act of the unilateral will of the deceased, which determines the fate of the property left after his death, rights and civil legal relations.
It is allowed to challenge a will, if it infringes the interests of the disabled relatives of the deceased and in other cases. These persons are entitled to an obligatory share in the inheritance independently, whether there is a will or not. These shares can not be canceled by will. About who can argue, and about the procedure for the procedure, we will tell below.
Legacy by will is the only way for a citizen to personally dispose of property after his death. The basic rules governing in 2018 its drafting and legal relations related to it are contained in part 3 of Ch. 62 of the Civil Code of the Russian Federation.
Rights and obligations under the will arise only after the death of the latter, and when the opening of the inheritance. The date of this event is the day of death, the entry into force of a court decision that recognized the citizen as dead or the date of that circumstance contained therein. You can enter into the inheritance for 6 months. after that.
The citizen can accept or refuse the inheritance under the will. Debts, credit obligations are transferred together with the property to the heir, so if their amount is greater than the value of the inheritance, it is often appropriate to issue a refusal. If all possible heirs refused, then the property becomes a state of escheat and passes to the state.
The place of opening the inheritance is the residence address of the deceased or the location of the most valuable property.
Citizens who are recognized by the court as unworthy heirs can not inherit. These are those who have committed unlawful acts towards the testator or acted in relation to the shares of the inheritance illegally (they tried to increase their share and so on).
The basis for inheritance in the case under consideration is a will made in accordance with the requirements of the law (in writing with a notarization). This document contains the will of the testator and does not need anyone's approval or similar actions. Only a notary and the testator himself can know about a will.
To the will in Russia, the law establishes requirements that it be valid:
Must be drafted in writing and certified by a notary or a person (body) with appropriate powers.
Only one can bequeither that belongs to the testator on the property right.
You can make up any number of times. It is believed that previous wills are automatically canceled by a new one.
The testator has the right not to notify someone about new wills or making changes to them.
The document is not legally valid if it is made by an incompetent person. The legal capacity must be only complete.
The will is made only in person or by a notary in the presence of the testator. It is not allowed to compose it as a representative. It can also be certified by the management bodies of old people's homes, captains of ships and expeditions, special purpose agencies, military units, medical institutions. In these cases, 2 witnesses must be present at signing. If there is a direct threat to life, the signature is optional (Article 1129 GK).
The document is signed personally by the testator, except for cases when he can not do it for health reasons, due to illiteracy, etc. Then the signature is put by the "handshake". In this case, there should not be any interested persons who can influence the will of the testator.
The document should contain the instruction of only one citizen, it is not allowed to compile it by two or more testators.
The volume and value of the inheritance in the will is not limited. The citizen himself decides who will get the property: one or several persons (legal, physical), the state.
He can describe in detail and divide the shares between heirs, deprive any of them of all rights to property, separately writing it out, without explaining the reasons for the decision. There is no restriction on kinship ties - any person can become an heir.
Distribution of rights
Every able citizen can make a will.
When distributing rights and drafting a document, it is necessary to remember the following nuances in 2018:
If the shares are not determined or the property is not specified specifically, then each heir is entitled to an equal share of the property.
If the heir has died or refused, and there was no destination, then his share is inherited by law (that is, relatives for whom the order is established) or in the order of the hereditary transmission. But this does not apply when there is a purpose; an obligatory share does not fall under these rules.
By default, the design of a new document cancels the old one at conflicting points, unless the testator specifies these conditions more specifically.
The testator can assign heirs to any physical and legal persons - there are no restrictions at all, including kinship ties, as in inheritance under the law. They are all those who are indicated in the will, alive at the time of death of the testator, as well as those conceived during his life and born after death and the functioning legal organizations.
But there are also mandatory shares that are relied on in certain categories, regardless of the existence of a will, which we will discuss below separately.
Determining the order of inheritance by will
The order of inheritance is determined by the testator himself as he pleases, and in addition he distributes shares at his discretion and is also entitled to assign heirs in case someone dies or refuses
Rights of the intended person arise in such cases:
the inheritance was not accepted due to the death of the first heir before its discovery was realized;
recognition by a court of a person as unworthy;
if the inheritance is rejected by the first heir;
absence of right and other reasons.
How is the inheritance passed by will
To enter and accept the inheritance by will, you need to collect a package of documents and formalize the procedure with a notary who will issue a certificate of the right to inherit.
Collection of papers
In Russia, any notary (including private ones) draws up the inheritance - after 2005, there is no binding to the place of residence of the deceased or finding a property.
If someone applies for the same will to another notary, his documents are automatically attached to the existing case, since a single electronic database of all data related to the documents under consideration operates. This excludes the presence of two identical cases.
At registration it is necessary to provide such documentation:
Testament, if it was compiled by the deceased on the applicant.
Applicants for an obligatory share submit evidence that they were dependent on the deceased, lived with him (an extract from the EIRTS, a court decision), as well as his incapacity for work. The acceptance of the inheritance by minors is carried out with the participation of guardians (parents).
It should be noted that after the issuance of certificates of the right to inheritance, it will be necessary to re-register such property as an apartment, land, transport, house and their shares for a new owner. What documents are needed determine the rules for registration of the relevant body.
The testator informs on the existence of the will in two ways: the delivery of the document personally to the heir or he can simply inform, in which notcontract it was issued. There is necessarily a copy of it, and with the consent of the testator you can get it. In addition, all data are recorded in a single register of cases.
If the heirs do not know at all whether there is a will, they can present to any notary a certificate of the death of a citizen or simply give a request with the last name of the deceased, and he will tell whether the deceased executed the will or not.
If it was compiled, it will be found in the database. If the document is in the hands of the heirs, then in the process of registration of the inheritance it is necessary to put a mark on its validity on it - this is done by a notary.
Further, each heir must write an application on the template to confirm the acceptance of the inheritance or to refuse it. The application is written personally, but the representative can submit it.
Evaluation of the car for inheritance To make an assessment of the car for inheritance, it is not necessary to provide the car to an expert. Federal Law No. 135 states that the evaluation of a car for inheritance is possible without a personal car inspection.
How to get an inheritance after the death of parents - you can read here.
Instead of minors or incompetent signatures and acts of guardians (parents), and the consent of guardianship bodies may be necessary. Persons from 14 to 18 years old write the application and sign it themselves, but the written consent of the guardians must be attached to it.
Actions of the notary in order:
Checks for all documents.
It is verified that the deadlines are met (6 months).
Checks, whether there is no cancellation of the will, its changes.
If everything is in order, he puts a note of reality on the will that is in the applicant's possession.
Accepts the application from the heir and opens the hereditary case.
After the opening of the hereditary case was carried out, the time for the collection of documents for the participants is not limited. The notary indicates which documents are necessary for him. For example, in addition to the above, he can demand technical documents for the house, other real estate, etc.
After collecting the documentation, it checks its validity and assigns a date when it is necessary to come for a certificate of the right to inheritance - this is the final stage.
After the completion of the inheritance process, heirs formally already own property, but to be able to dispose of it in full, they need to re-register it for themselves - this is a separate procedure. It concerns real estate objects (apartment, house), land, transport, securities and others requiring state registration.
Entry into the inheritance is confirmed by the main document issued under this procedure - a certificate of the right to inheritance. It does not have a validity term, as it is a notarized document confirming the right of ownership. When and how to use property and register registration for it, the heir decides for himself.
The certificate is issued in a strictly prescribed form. His sample contains the date, place of the procedure, complete requisites of the notary, testator, heir. It is necessary to specify which property is inherited, its share and value. The document is printed on a numbered form, certified and signed, and it is stamped on it.
The application is written on the template at the place of registration. The sample is on the Internet.
Its approximate structure is as follows:
First write the details of the notary and the applicant (to whom and from whom), their addresses.
After that, in the middle write the title of the document: "application for the issuance of a certificate of the right to inherit."
Then - the main part with a request to issue a certificate. Further, it is indicated who is the testator, the requisites of the will (address, date of death, etc.), who takes the inheritance, what proportion, where the property is located. And also whether there are other applicants or is indicated on their absence.
At the end - the signature and date of the heir. The document is also certified by a notary and may be submitted by a representative, but is filled in and signed by the applicant personally.
The order of entry
All heirs, in order to avoid confusion, it is recommended to contact one notary. Recall that if the will is not on hand, you can contact any office where you will search the database and will tell you which office it is in.
Entry into the inheritance has such stages:
collection of documents;
visit to the notary (you can apply to anyone, regardless of where the deceased lived, the heir or location of the property);
filing of application and documentation;
payment of notarial services;
The last step is to get a certificate from the notary about the right to inherit.
If there is no copy of the will on the hands, then one more step will be added to the stages - an appeal to the notary with a request to search for the base of wills, and the procedure is necessary for 6 months. after the death of the testator
The terms can be restored in court or by written consent of all the heirs. It automatically continues for another 6 months, if someone renounces the inheritance. Then the countdown is from the day of the refusal.
If someone has not accepted the inheritance, then another 3 months is given. after the end of 6 months. the main term. If the child-heir was conceived during the lifetime of the testator, then they wait until it is born, and from this date the 6 months are counted.
Inheritance tax is not necessary to pay, except inheritance of funds received from intellectual activity (copyrights, mental and creative work).
Often under the tax is meant a state duty. This payment must be paid. It will be 0.3%, but not more than 100 thousand rubles. of the value of the inheritance (its share) for close relatives (1 and 2 turn, if it were inherited according to the law) and 0.6% but up to 1 million rubles. - for strangers or other distant relatives.
So, the tax is abolished, but the state duty will have to be paid. Only beneficiaries are released from it: participants in the Second World War and military operations, who received the title of Hero, the Knights of the Order of Glory.
Regardless of the will, the law provides for the right of certain categories to an obligatory share in the inheritance.
This is possible for such persons:
for minors or disabled children;
for disabled parents or spouses (a);
for those who are recognized by the court as dependents of the testator for more than 1 year (they must be incapacitated).
These citizens claim half the share that would have been theirs if they had inherited it according to the law. The size of such a share can be reduced by the court, taking into account the relationship of the heir with the deceased and other circumstances.
The volume of mandatory shares is calculated from that part of the property that has not entered into the will, and if it is not enough, then from the bequests, in spite of the fact that this can reduce the heirs' shares under the will.
Nuances of the order
When inheriting by will, the order is not there - it is only for inheritance by law. The testator himself determines the heirs as he pleases. He makes the decision on his own and does not have to explain his decisions to anyone.
If you still have any questions, you can always apply to the law firm "Lobbyist" which will always help you Contacts LLC "Lobbyist"