You need to know how to draw up a will in the event of a complete absence of heirs, which, according to the law, can only be relatives or, in the opposite situation, in which there are enough heirs, but there is a desire that all property is rightfully transferred to a certain person or several persons.
When will a will be executed?
When the execution and signing of the will takes place, the final decision is made about who specifically leaves a certain part of the inheritance or the property is written off in full. If you refuse to issue a will, then after the death of the testator, all property is distributed among the heirs in equal shares. To transfer your property to the heirs, you need to know how to issue a will at home.
Standard testament
To avoid unforeseen situations, you need to know how to make a will at a notary public. Usually they turn to the office, which is located near the place of residence of the testator. By law, this document can be drawn up at any place where it is possible to make a will for an apartment , that is, any legal notary will do. The personal presence of the volitioneer is obligatory, since the will is written with one's own hand. You also need to check the correctness of the date and place of writing, as well as sign this paper. The listed actions must be completed before executing a will.
Before proceeding to the execution of a will, you must take your own passport, and also write out on a separate sheet general information about the heirs, on which all property will be drawn up. It is enough to indicate the full name and date of birth. A list of property that is owned by the testator and can be transferred by will is also compulsory.
If the testator is worried about the difficulties in compiling a document expressing the last will, or when it is executed after his death, you can call for a procedure for processing a witness, but this person must be checked so that he does not subsequently indicate false information. A will must be written thoughtfully, without errors, since haste will not allow you to make a quality document that cannot be faulted, that is, you need to know how to properly execute a will.
Closed will
There is a way to write your own will and not tell anyone what is indicated there. Even a notary public may not know about the information. Be sure to write this document by hand. In this case, you must put your own signature. The will must be closed in an envelope, and then transferred to a notary. This procedure is necessarily carried out with two witnesses. When the time comes for the transfer of the document to the notary, witnesses are required to put their own signatures on the envelope, since this type of will can only be drawn up in this way.
Right actions
A notary must have at least 2 witnesses in his office. When an envelope is transferred to a notary, they put their own signatures on the envelope. After this, the document must be sealed and placed in another envelope on which the notary personally signs. He must enter all the necessary information about the testator, from whom he independently takes a sealed will. With this sequence of actions you need to familiarize yourself with everyone who wants to know how to draw up a will for an apartment without revealing their intentions.
The testator enters in a special form the place and date of the will, as well as information about the persons who are witnesses to this document. Be sure to record their full initials, as well as permanent registration addresses. Only in this case the procedure will be carried out correctly. If you want to know how to draw up a will according to all the rules, you need to remember this moment.
When an envelope is accepted by a notary from the owner’s hands, he is obliged to clarify and clarify the need for handwritten signing of the document, as well as recall the rules that govern the mandatory share in the inheritance, it is marked on the second envelope when the document is final packed. It is necessary to decide in advance where to issue a will for an apartment in order to thoroughly prepare for this. When the procedure is over, the notary will issue a testator a special document that confirms the acceptance of a hidden will by a specialist.
How is the declaration of will
The document is opened by a notary after the official death certificate has been received. A maximum of half a month, but usually in a shorter time, the notary explains the essence of the will. At the same time, witnesses must be present in the amount of at least 2 people, as well as all interested persons who want to be present at this action. The fact confirming the opening of the envelope must be recorded in a special protocol. All heirs receive copies of it that have undergone notarization. In this way, you can even issue a will for a child. The notary is responsible for keeping the original of this document.
Important feature
The notary is obliged to notify all those present when preparing a secret will about the need to keep the secret of his presence. This applies to all persons who were present during this procedure. If someone announces the availability of the document, indicates the date of its preparation, the testator will be able to demand moral compensation in financial equivalent from this person.
Signature on the will
The testator himself must sign this document, but there are exceptions to this rule. Sometimes the testator, due to illness or other physical reasons, is not able to sign the will. In this case, another citizen will be able to write and sign the expression of will, however, the presence of a notary is always required. If this deviation is made from the rules, the will, namely, in the text itself, indicates the reason why the testator was not able to independently carry out these actions. This procedure is possible anywhere: hospital, at home. In a word, where the testator decided to issue a will.
All data about the citizen who has undertaken to write and sign the will is entered. When there is a notarization of such a will, it is desirable to have a witness who can independently familiarize himself with the text of the document, verify the consent of the testator, and then put his own signature.
There are also exceptions to the rules when the testator at a particular moment is not able to use the services of a notary. If emergencies arise, then the document can be certified by local authorities, as well as persons working in the Consular offices of the Russian Federation, who are entitled, according to the law, to carry out notarial actions.
Persons with the ability to perform the functions of a notary
If the testator’s current location is in the hospital, then the chief physician or the head of the specific department in which the patient is officially treated can verify the will. The signature of the doctors on duty, if an emergency occurs, ship captains, if the ship is sailing at the time of writing the will, chiefs of expeditions, as well as persons holding managerial positions at Antarctic stations belonging to Russia, seasonal bases at which they are engaged in field work . These are also places where you can make a will.
Who else can replace a notary if necessary?
The commander of military units and the heads of places of deprivation of liberty have the opportunity to replace the signature of a notary. If there is a need to certify a document without the participation of a notary, the presence of one more witness is required, who must put his signature without fail, otherwise the will will not have legal force.
Sometimes a citizen may be in a situation where there are circumstances that threaten his life and health. In this case, he can express his last will on a simple sheet of paper. In order for such a will to be recognized as legal, it must be written and signed by the testator with his own hand and certified by two witnesses. If you do not follow the basic rules for writing and certifying a document, it may be invalidated.
Who does not have the opportunity to act as a witness and sign a document?
- Notary or other person who must certify the will.
- A person who receives all or part of the inheritance, or one in respect of whom a testament refusal was undertaken . Also, close relatives of these people, such as children, parents or legal spouses, cannot play this role.
- People whose legal capacity is limited.
- Non-literate persons or foreign citizens who are not well acquainted with the rules of the Russian language.
Change or revocation of will
A testament can be canceled at any time, without having to state the reasons that led to this decision. The following actions need to be taken:
- Write another will, which by date will be concluded later than the previous one, and also have at least slightly modified content.
- Compose and submit an application to the notary's office.
At drawing up of each new will the previous one is canceled. The document that was last registered can be recognized as valid. You should not pay for the services twice, first forming an application for a testament revocation, and then writing a new one. You can simply register a new expression of will, then at the same moment the previous one will be automatically canceled. Then you have to pay only for the registration of a new will.
A will can be drawn up in any form, so there are practically no problems with this aspect. To avoid unpleasant situations, you need to follow all the rules that apply to working with a will.