The division of property left by a citizen after death is what brings a lot of problems. Even the most friendly families can quarrel due to sharing. Inheritors during life do not want to leave any of the heirs unhappy. Therefore, the transfer of property often takes place through a will. This document, when written correctly, helps resolve numerous disputes among the heirs. But it is important to know how to make a will. Indeed, under certain circumstances, this document can be declared invalid. You must follow certain rules and features that will help to avoid this kind of situation. But what can be advised to the testator? How to make a will in life, so that after death it is undeniable? This is not as easy as it seems. Will have to prepare well in advance.
Writing form
The first point to take into account is the form of writing. The thing is that among the rules for executing a will there is one important point. He indicates that this document must be submitted in writing. And it should be written by hand personally by the testator.
This means that you yourself must, without a variety of techniques, make and write a will. If you use a computer or typewriter, the document will be easy to challenge. Therefore, if you are considering how to make a will, remember: you must write only by hand. Only such a document has legal force.
To a notary
But this is only the beginning. In fact, to make a will so that no one could challenge it under any circumstances is very problematic. Especially if you have not started preparing for the process in advance.
The next important point is the appeal to the notary. After the testator personally writes the document, it must be certified in a notary's office. Otherwise, he will not have any legal action. Only in rare exceptions is a notary public needed. Nevertheless, it is recommended to play it safe.
As a rule, a will will be sealed in an envelope in your presence. The date of verification of the authenticity of the paper, the location of the notary's office are affixed on it. Additionally, the envelope is signed by a notary public, stamped. And only after the death of the testator, in the presence of the heirs, the document is printed.
Witnesses
Have you thought how to make a will so that no one could challenge it? Then invite witnesses who can confirm that you yourself, without any pressure, drew up the document.
Call only uninterested persons. It is advisable that witnesses be present at the time of writing the will, as well as at the notary public. Please note that in this case the testamentary is sealed in an envelope by the testator (this is done even if the owner of the property acts alone), then he signs it. It is necessary to put the date of the paper, then invited as witnesses put their signatures.
It is not recommended to call relatives or potential heirs to participate in the process. Under such circumstances, even the most competent and legally valid testament can be challenged. Consider this fact when preparing the document. If there is nobody to call, you can even invite neighbors. The main thing is that uninterested persons act as witnesses.
By the way, when drawing up the document, you must indicate all the invitees. Preferably with contacts for communication. Usually this information is written either on an envelope or at the very end of a will (an extremely rare case). But this is also not the end of the preparations.
Literacy
How to make a will? So that no one can challenge your decision in court, try to be literate. You must follow the rules of the Russian language, spelling and punctuation. Pay special attention to the initials of the heirs, as well as information regarding the property transferred to them in various sizes.
Why is literacy necessary? The thing is that at the slightest mistake, even a typo, you can invalidate the document. Yes, the court is able to conduct an independent investigation and establish exactly who and what is due. But this does not preclude the possibility of challenging the testament document by the heirs if it was drafted with errors and typos.
Also try to write clearly. Again, if you are interested in how to make a testament in such a way that no one can recognize it as invalid, your handwriting must be neat and legible. The notary or the judiciary should be able to read without problems who and what is due.
Knowledge of laws
How to make a will for an apartment or any other property? Remember that this document is considered a transaction. Like any other paper that has any meaning, a will must not violate the laws established in Russia. That is, it is important to observe legal literacy when writing.
Particular attention should be paid to cases when it comes to an apartment or house. There are heirs who are required to legally receive their part of the inheritance in this property. You can make someone 100% the owner of an apartment or house only when the heirs write the refusal of the required shares on their own. But, most likely, citizens will still try to challenge the will.
Who is entitled to a mandatory share in the home? The following individuals can be distinguished here:
- minor children;
- disabled adult children;
- disabled parents or adoptive parents;
- disabled spouses;
- any dependents of the testator.
These citizens receive half of the property without fail. Yes, in some cases, you can make someone specific the sole owner of the living quarters. But to implement the idea with the help of a will is problematic. There is one trick for this. About her a little later. The first step is to learn how to make a will on property so that no one can complain about its illegality.
Audio Video
The next advice that can be given to the testator is video and audio recording of the process of writing the will. Try to write down everything that is possible: how you write, how the notary acts. Yes, all photos, videos and recordings can be challenged. To avoid this, try to conduct an independent examination, which will indicate the authenticity of the evidence.
Never use programs to improve picture or sound quality. Under such circumstances, your will will be able to challenge. After all, if you conduct an examination, it will certainly show the fact of the use of various kinds of editors. This is a good reason for invalidating a document.
Health
How to make a will? Often, the heirs try to recognize the document as null and void. They refer to the fact that the testator was in an inadequate state when he wrote the will. This is the most common situation.
Accordingly, you will have to attach documents confirming your adequacy to the will. You will need to take certificates from a narcologist, as well as a psychotherapist. They indicate that at the time of writing and confirming the will you were completely healthy. You can generally undergo a comprehensive examination, which will confirm your absolute adequacy.
In general, by any means acknowledge your legal capacity. If during a medical examination it turns out that you have a mental illness that can interfere with a sober assessment of the situation, the will can easily be challenged. Further, a little about the direct execution of the document.
Documents for compilation
How to make a will? A sample will be presented later. First you need to know what documents you must show to a notary when writing a paper on the transfer of property to the heirs after your death. After all, you can’t just come with a will and seal it. Maybe you do not have rights to this or that property!
Usually nothing special is required from the testator. The list of documents for writing a will is extremely small. But, the more property you have, the larger the list. Bring to a notary public:
- testamentary document;
- your passport (civilian);
- documents confirming your rights to property;
- data of the heirs (copies of their passports).
Please note: a will can include completely strangers. It is advisable to coordinate this with other recipients of the property. This will help to avoid conflicts after your death. Submit to a notary public (if any):
- photos, videos, audio recordings on a separate medium, confirming the will;
- medical report on the state of health at the time of writing;
- written refusals of future heirs from shares;
- results of an independent examination of the authenticity of video and audio materials;
- contacts of witnesses involved in the process.
Who can inherit a will
Some try to invalidate a will, citing the fact that some categories of citizens do not have any rights to be mentioned in this document. Is it really? Not at all.
The thing is that a will is a voluntary expression of will, which is fixed by the testator. He can change his mind at any time. And anyone is allowed to make a will. It doesn’t matter whether it is a relative or a completely alien person. Even legal entities and organizations can be mentioned in the will.
But there is a rule: only one person has the right to draw up this most important document. Several people cannot write one will. If spouses want to transfer all their property by inheritance, it is necessary for each to draw up a separate document. But you can specify anyone in it. The presence of third parties in the will does not constitute a ground for challenging the legality of the document.
Requirements for the testator
How to make a will so that it is not disputed? Remember some of the citizen requirements that this document writes. Children cannot make wills. Therefore, you should think about writing it only at a certain point.
The thing is that a will is drawn up only by an adult. You can do this process at 16. But this is possible only when a person gets emancipation - full legal capacity until he reaches the age of 18 years.
Accordingly, a citizen must be adequate and mentally healthy. No addictions or mania, as well as diseases that can affect the adequacy of the testator. Do not forget about legal capacity - this is a mandatory requirement for the compiler.
The last point is the availability of any citizen's identification card. It could be:
- civil passport of the Russian Federation;
- passport of a foreigner who has registration in Russia;
- certificates confirming refugee status;
- residence.
If at the time of writing the will you do not have anything from the above list, you will have to wait a bit with the preparation of the document. Without an identity card, no one will notarize your paper.
Sample
How to make a will? A sample spelling will be presented below. In general, there is no single template. The main thing is that you simply correctly wrote the text manually in compliance with legal norms. At the very beginning, put the city of your residence, as well as the date of preparation of the document. Next is the main text. For example:
"I, (name and passport details), by this will make the following order:
"I will bequeath my property expressed (name of property with information about it) in the amount of (indicate share) (data of the heir with passport data)."
Next, you should list in this way all that is available to you. Much depends on the circumstances. If the heirs abandoned their shares, inform at the end of this:
"Evidence of failure by the heirs: (list the refused) in writing attached to this will."
If you have additional materials confirming your adequacy, also list them:
"I confirm my mental health and legal capacity, (your initials) with the following materials - (list the attached evidence in detail)."
At the end, put the date and signature. This is a kind of template that will help you make a will. But there is another form of transfer of property. It helps to resolve disputes between heirs.
Without will
This is a gift. In order not to think about how to make a will, just present your property to the heirs. This document can also be challenged, but a medical opinion about your health is enough to make this problematic.
Gifts are a wonderful substitute for wills. They help eliminate disputes and grievances between relatives. If you want to make someone the sole owner of the apartment, it is best to use just this form of transfer of property. This is the most common solution. Now it’s clear how to make a will on an apartment or property.