Almost every modern person has a bank account. It can store funds for any purpose. In this case, the citizen can independently dispose of those who can use this money after his death. A testamentary disposition is a special official document that contains information about who will be able to receive money from the account of a deceased citizen. It has several common parameters with the will, although it is a completely different document.
The nuances of the formation of the order
It can be done exclusively in organizations where there is an open cash contribution. Such a service is provided by almost every large and reliable bank free of charge. In addition, a testamentary disposition of a contribution by a notary may be drawn up, but for the services of a specialist under such conditions a certain amount of funds will have to be paid.
The order will be lawful only in situations where it does not diverge from the will, and it is also not allowed that it violates the requirements of the law. Each person can independently manage their valuables and money, so he chooses who will be the recipient of his money stored in the bank account.
Types of Orders
Most often, citizens make a will with the help of a notary, which contains information about who will be the recipient of money and property after their death. It can be supplemented by appropriate order. There are several types of testamentary dispositions. These include:
- Laying on. Based on this document, the owner of the funds obliges specific heirs to perform some significant and useful actions. Only then can they manage the money in the bank account.
- The purpose of the heir. This order is usually used if there is doubt that at the time the order is opened, the immediate heir will still be alive. Under such conditions, you can specify another person who can receive the money.
- Testament refusal. It lies in the fact that the heir is entrusted with duties in favor of another person.
- The appointment of the contractor. Citizens themselves decide who will act as executor. This specialist monitors the correctness and timeliness of the execution of the document. At the same time, his services must be paid, and the amount of payment depends on the amount of funds in the account.
Thus, the basic information in this document is entered on the basis of the desires and requirements of the direct testator.
The essence of the document
Testamentary disposition is an important documentation, including heirs, to whom, after the death of the testator, the funds accumulated by the person will be transferred. The features of this document include the following:
- it is formed directly in a banking institution where there is an open cash deposit;
- the document must have the signature of the testator, as well as the employees of the banking institution;
- the order prescribes the date of its preparation;
- To receive money under this document, not only the requirements of the law, but also the rules of the Central Bank must be taken into account.
Deposits held by a deceased person are inherited even by creditors. If a citizen has a significant loan debt, then often the heirs do not receive funds by testament at the bank, since all the money goes to pay off the debt. This is because loans must be repaid initially.
The order is rarely used by citizens, therefore, such a banking service is considered not too popular. Only large investors usually resort to this method of managing their funds. The main disadvantage of this method is that after the death of the depositor, the heir will not be able to use the invested funds before entering into the inheritance. The optimal solution for each person will be to draw up an order simultaneously with the formation of a standard will.
Testamentary disposition of funds can be formed not only on the condition that the money is on deposit. It is allowed that they be invested in various other organizations, for example, mutual funds or other credit associations.
What is the difference from a will?
A testamentary disposition is a document that has some significant differences from a standard will. Its use is a voluntary decision of a person, therefore there is no urgent need to use this option to dispose of their funds.
It is allowed to replace the order with a standard will, which should be made on the basis of the provisions of Art. 1124-1127 Civil Code. If these documents are missing, then all the property of the deceased person will be transferred on the basis of the provisions of the law, therefore only relatives of the citizen become heirs.
The main differences between these documents include the following:
- you need to use the services of a notary to make a will, but a testament of the deposit is made directly at the bank, for which only the signature of the employee of this institution is required;
- there is no need to pay any funds to draw up an order;
- the document is generated in the bank branch where the funds are stored.
Most often, citizens prefer to contact Sberbank, as this organization is considered the most reliable and largest in the country. But this opportunity is offered by many other banking institutions.
Rules for registration
To draw up a document, the bank does not need to use the services of a notary or other specialists requesting significant amounts of funds for various actions. There are no specific and stringent requirements for this process. Testamentary disposition is an easy-to-execute document. To do this, the following actions are performed:
- Initially, one must personally come to the bank branch, where the depositor's funds are located;
- it is required to have documents confirming the person’s identity with you, as well as papers on your existing contribution;
- the bank employee initially checks all the citizen's documentation to make sure that the order will be drawn up really by the owner of the money in the bank;
- Further, the contributor is notified of the contents of various articles of the Civil Code, on the basis of which difficulties may arise with the preparation of the document, for example, it is important to consider that there are almost always obligatory heirs who, regardless of the contents of testamentary documents, have the right to rely on some part of the property;
- a note is placed in the document itself that the owner of the funds is notified of all requirements of the law;
- use a computer to write a document or write text manually;
- the presence of various additions, corrections, errors or corrections is not allowed, therefore reliable and relevant information should be made initially;
- the document is signed personally by the testator, after which it is certified by the signature of the employee of the banking institution;
- if errors or inaccuracies are found, you will have to rewrite the paper again;
- the document must contain information about the testator himself, therefore, data on his F. I. About and place of residence, as well as data from the passport are entered;
- Includes information about all the heirs who can, on the basis of the documentation, be able to receive funds from the account of the deceased relative
- at the end the place and date of formation of the order is indicated;
- the secret of the will applies to him, therefore, all bank employees who participated in the preparation of this document should not divulge information from the documentation.
Testamentary disposition of the bank’s money may not be made in full for the entire amount allocated on the deposit, but only for part of the money. Funds available on several accounts in one banking institution may also be indicated. The testator himself manages the money at his discretion.
Document Validity
A testamentary disposition of rights to money is drawn up without indicating information about the validity period of this document. If necessary, the information in this document is subject to change. Also, the order may be canceled at any time by the account holder.
The document becomes invalid if the citizen closes the deposit or withdraws funds.
Changes are made quite simply, because for this you only need to visit the bank branch with a passport and documents for the deposit. After that, based on the client’s request, the necessary adjustments are made to the document.
The testator can at any time change his mind about who will receive the funds after his death. At the same time, it is not necessary to notify bank employees of the reasons for the changes.
How to choose a bank?
Having understood the concept of testamentary disposition, there are no difficulties with its compilation. In this case, it is advisable to correctly select the banking institution in which the deposit will be opened in advance. For this, different criteria are taken into account:
- the reliability of the bank, since it is desirable to choose such institutions that offer deposit insurance;
- the goal pursued by the owner of the deposit is taken into account, since if he does not want to leave the funds to the obligatory heirs, then he has the opportunity to transfer them to trusts in foreign countries, and this option will also allow the heirs to save on tax payments when receiving money;
- It is important to choose the options with the highest interest rate so that the available amount of funds increases further.
Additionally, when choosing a bank, it is advisable to read reviews about it from other citizens. It is recommended to choose organizations in which the return of the deposit is guaranteed even in the event of bankruptcy of the organization. Successful are enterprises with a large number of branches. Actual testament of the rights to funds is relevant to draw up in a bank with numerous positive reviews and large units in different cities of the country.
How do heirs get money?
Usually a person is notified by the testator that he is indicated in the order. But quite often there are situations when such news are unexpected for a citizen. Under such conditions, the testator usually leaves a copy of the document with the executor.
How to get a deposit by testament? The procedure is considered quite simple. To do this, make a request using a notary public. He goes to the organization where the testator opened a cash contribution. The citizen must have with him the death certificate of the direct account holder. Based on the request, a response will be received from the bank. It indicates whether a testamentary disposition was actually drawn up at the bank. Additionally, it prescribes information about what amendments were made to this document.
The bank gives an answer within one month. The document is written in writing and is also certified by the head of the department. It stamps the organization. How to get money by testament? If the answer is yes, then the heir must come to the bank branch with documents confirming his right to funds. Based on this documentation, he will be given the laid down money from the account.
The full amount of funds will be received only 6 months after the death of the testator. Often it is required to receive some of the money for the funeral, and in this case, the bank can go forward and provide up to 30 thousand rubles. from the account. This operation must be notarized by compiling a special document.
If several heirs are indicated in the order at once, then the funds are divided evenly between them, if the document does not contain data on specific shares.
Is it possible to challenge the order?
Relatives often learn about the availability of this document after the death of a citizen. They may be unhappy with the decision of a relative, as the funds in the bank may be intended for unauthorized persons. It is usually impossible to challenge this document, but there are some situations where the court cancels the order. These cases include:
- the order does not take into account the interests of obligatory heirs, since they must certainly be allocated some part of all the property of the deceased relative;
- funds belong not only to the testator himself, but also to his official spouse, therefore, a citizen cannot manage this money on his own;
- with the help of the court, the heir is recognized as unworthy, therefore he cannot count on even a small part of the inheritance.
Additionally, a document may be contested if it was signed under the influence of blackmail, threats or deception, but it is rather difficult to prove such conditions.
Conclusion
Thus, a testamentary disposition is drawn up in respect of funds held in bank accounts. It is presented by an official document, on the basis of which the owner of the funds determines to whom the money will be paid after his death.
Compiling documentation is quite simple, and you do not need to pay any funds to employees of a banking institution for this. The heirs can receive funds under the document only six months after the death of the testator.