Which is better: testament or deed? You can answer this question if you take into account the many nuances. Unfortunately, a citizen who does not know the intricacies of legislation often confuses these close concepts. So that no one would have any more incidents, we decided to consider these two terms.
Last will
It should be noted that the law allows bequeathing property to any person, whether it is a relative, acquaintance or neighbor. A will is a citizen’s order in which he determines the fate of his property in the event of death. In this case, real estate or other things that a person plans to transfer by inheritance, of course, must belong to him by right of ownership.
The last will of the testator must be notarized. An exception to this rule can be only one - if the testator is in a situation that threatens his life, and by virtue of this situation he is not able to assure his order. In this case, you can issue your last will in a simple written form.
To understand what is best, a testament or a deed of gift, you need to deal with the powers of the citizen who is going to draw up this document. As you know, the owner of the property has the right to determine the shares of the successors, as well as to deprive the inheritance without indicating reasons. It is worth noting that the testator can use the right of the so-called "testament refusal". That is, he has the ability to oblige specific individuals to perform some actions. For example, the testator wants to transfer the house to the heir to Ivanov, but on the condition that he grant Sidorov the right to live for life in this dwelling.
In addition, a will is a document that cannot be canceled. The testator himself can stop it by writing a new order with a different content. Or he may completely terminate such a document. Consequently, you can cancel or change the order on the transfer of property as much as you want, but only at the request of the testator himself.
Probate Benefits
If we talk about what is better, a testament or a deed of gift, then it is worth noting that the first option has undeniable advantages for the property owner. The most important of them - after making a will, a person does not stop being the legal owner of his apartment, house, etc. Heirs will be able to re-register the ownership right only after his death.
Moreover, the freedom of will is limited to certain provisions of the law. So, if the testator has disabled or minor children, dependents or unemployed parents, spouse (spouse), then such persons (regardless of the contents of the will) will receive an obligatory share of the property of the deceased, which would be due to them by law.
You also need to remember - if at the time of writing the order this person was registered with a drug or neuropsychiatric dispensary, then such a declaration of will can be further challenged in court by his relatives. If a court declares a will invalid, then its provisions will naturally not apply. In this case, the property will be divided exclusively between the legal heirs.
What is a gift?
What is the difference between a donation and a will? To understand their differences, you must first find out what is a deed of gift. Such a transaction assumes that the owner of something transfers his property free of charge to another person (donee). In order to witness such a transfer, a donation agreement is drawn up in writing in simple form. After this, the transfer of ownership is registered in the Federal Registration Service.
A significant difference between a will and a deed of gift is that in the case of the preparation of the second document, a person becomes the full owner of the car, cottage, home, etc. immediately after the conclusion of the contract. The donor, accordingly, ceases to be the owner of his property.
There are no restrictions on the choice of the donee. You can transfer housing, business or transport free of charge to anyone - your wife, nephews, children, or even a completely stranger. It can be either a resident of Russia, a stateless person or a foreigner.
Who benefits from a gift contract?
Like it or not, but for the owner of the property a deed of gift is less preferable. There are frequent cases when receivers, having received real estate as a gift, simply drive out the previous owners.
The difference between a deed of will and testament is that the latter is always easy to cancel, but breaking the first contract is possible only in court. The gift has other limitations. For example, if we are talking about property acquired during marriage, then in any case it is considered the common property of the spouses, and it can only be transferred with the consent of the wife or husband.
Important aspect
It is worth considering that if there is no will, then all the acquired good of the deceased will go to the heirs according to the law. The first category of successors includes spouses, children and parents. There are as many as eight steps of heirs. If there are no relatives of the first stage, then the successors of the second will receive the property, if not, the third, etc. Situations may also arise where relatives claim property that the deceased did not even suspect.
To enter into the inheritance, it is necessary to go through several mandatory stages - this is the difference between the gift certificate and the will. Property is taken six months after the death of the testator. After this, it is necessary to collect an impressive package of documents: certificates from BTI, Rosreestr, tax and other papers. And only after receiving a certificate of ownership of the objects that the decedent bequeathed, registration for a new owner begins.
Financial side
You can not write off financial expenses. Let's find out: testament or deed - which is cheaper?
If you make a gift agreement with the help of lawyers, then this will cost from 2 to 5 thousand rubles. If you wish to notarize the transaction, get ready to pay 0.5-1% of the value of the property for the valuation of BTI. The transfer of the right to real estate in Rosreestr can be certified both independently and through a realtor, who will have to pay about 5 thousand rubles. A state duty in the amount of 1000 rubles and the same amount for registration of ownership is also paid.
Moreover, the donee will be required to pay personal income tax in the amount of 13% of the assessment of BTI. However, close relatives of the donor are exempted from such a tax.
Probate Costs
To determine which is better, a testament or a deed of gift, we now analyze the costs of the first document. The successor for the execution of the will will need to spend about 1 thousand rubles and the same amount of state duty. And:
- 0.3% of the property received, but not more than 100 thousand rubles for children, spouses, parents, sisters and brothers;
- 0.6% of the inherited "good", but not more than 1 million rubles for the remaining categories of heirs.
If you want to carry out this procedure with the help of realtors, you will have to spend at least 5 thousand rubles.
The results. What is more profitable: testament or deed?
It turns out that for close relatives it will be cheaper to donate. If we talk about other persons (distant relatives or friends), then it is still better to draw up a will.