How to draw up a closed will: rules for drafting and publishing

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A will is an excellent opportunity to transfer your property to your legal successors, bypassing legal inheritance. Only the owner has the right to decide how to dispose of his assets. At the same time, the owner determines the form of the will. There are open and closed wills - the latter option has many features and requires careful preparation from the participants. The risk of challenging a closed will is quite high - nevertheless, this form of expression of will is quite popular, primarily for the testator.

What is considered a closed directive in the event of death? How to properly draw up a closed will, what is the procedure for its publication? Are witnesses needed and who can act in this role? This article is devoted to the most relevant answers to questions.

Why choose a closed will?

The secret form of last will can be chosen for the following purposes:

• deliberate concealment of the last will;
• preventing premature conflicts between successors;
• ensuring your own safety;
• additional property protection;
• personal reasons;
• protection of the interests of legal successors.

The testator may also pursue other goals. He is not obliged to inform the notary or other citizens about them. Freedom of will is enshrined in Art. 1119 of the Civil Code of the Russian Federation.

What order cannot be closed?

Taking into account Article 1126 of the Civil Code of the Russian Federation, it is prohibited to draw up in closed form:

1. A joint will that can be made by spouses regarding property acquired during the marriage. At the same time, the rules regarding the obligatory share in the inheritance and notarization remain the same. The law provides for the obligation to video record the process, but provides for the right to file an objection.
2. An inheritance agreement involves specifying a list of heirs with an algorithm for accepting the inheritance mass. The content allows for the provision of an executor and the imposition of certain obligations on the parties to the contract. The rights and obligations provided for in the document are not subject to alienation or transfer to third parties.
3. The decision to establish an inheritance fund.

Failure to comply with a legal requirement entails the nullity of wills and contractual agreements.

How to make a closed will?

The preparation of the document is characterized by the following features:

• the will must be written by the testator in his own hand;
• the content is known only to the compiler;
• the document is placed in a sealed envelope;
• When handing over the paper to the notary, two witnesses must be present.

The last declaration of will must be signed directly by the originator.

Sample

There are no special requirements for the document in terms of the form and order of presentation of the will.

The sample must contain the following information:

• name of the document, place and time of preparation;
• information about the testator;
• information about heirs;
• list of property, details of title documents;
• distribution of property between heirs;
• conditions of inheritance;
• personal signature.

An example of a closed will can be seen here:

Download a sample closed will

Download the certificate of acceptance of a closed will

Writing stages

Individual writing of a will without the participation of outsiders (especially those interested in the division) is not the only important rule. There are no office work standards provided here. Nevertheless, when writing a secret will, a certain structure of the text should be maintained.

Rules and features of writing a declaration of will in the form of a closed letter:

1. Putting the date of registration and address of writing at the top of the sheet.
2. Presentation by the author indicating passport information.
3. Description of distribution: which material benefits will go to whom.
4. A written statement that the drafter is clearly aware of the legal consequences of the document.
5. The address and date of writing are also at the bottom of the page next to the signature.

For reinsurance, a clause can be added to this type of declaration of will on the testator’s confirmation of the fact that he is a full-fledged capable citizen who is not under guardianship and does not have diagnoses that contradict the actions for drawing up a closed will. This wording is common for both closed and open wills.

How to submit a closed will to a notary?

Before contacting a notary, you must collect the following documents:

• identification;
• title documents for property;
• certificates of absence of encumbrances on real estate.

The will must be personally written and signed by the testator, and then sealed in an envelope. The procedure is carried out in the presence of two witnesses. They have special requirements.

Witnesses cannot be:

• officials;
• heirs or their close relatives;
• incompetent citizens;
• persons who do not speak the language in which the document is drawn up;
• close relatives of the testator.

Witnesses put their signatures on the envelope.

The notary then places the document in another envelope, which states:

• date and time;
• information about the notary, details of the notary office;
• information about witnesses;
• seal and signature of the notary.

A mark is placed on the document indicating that the contents of Art. 1149 of the Civil Code of the Russian Federation on the obligatory share in inheritance.

For acceptance and certification of the last expression of will, a state fee of 100 rubles is charged. (Article 333.24 of the Tax Code of the Russian Federation). After this, the notary issues a certificate to the originator of the document that it has been received. It contains the same information as on the envelope. Witnesses are not given any papers.

All persons present during the procedure are required to maintain secrecy and not disclose available information. Failure to comply with this rule will result in liability in accordance with Art. 1123 Civil Code of the Russian Federation.

The testator can cancel or change his last will at any time in his life. To do this, you need to contact the notary who holds the document.

How is it different from a regular order?

Having understood the definition of the concept of “closed will”, you should compare it with the usual order of the testator.

The differences are as follows:

1. A closed will is drawn up by the testator in his own hand (clause 2 of Article 1126 of the Civil Code of the Russian Federation), and an open will can be written by a notary from the words of the owner.
2. The procedure for filing a closed will requires a sealed envelope with the text of the declaration of will enclosed - a regular will is submitted on an A4 sheet.
3. It is not allowed to draw up a closed order on a computer - the document is written strictly by hand in order to identify the handwriting of the deceased in case of inheritance disputes.
4. A mandatory condition is the involvement of two witnesses , not from among the heirs or their representatives (clause 3 of Article 1126 of the Civil Code of the Russian Federation).
5. Certification of a closed will - signatures of witnesses on the envelope with the will + signature of a notary on the second envelope. An open will only requires a notary's signature and seal.
6. A closed will is kept by the notary in one single copy , while an ordinary will is kept in two - by the notary (original) and by the testator (copy).
7. The announcement of a closed will has specifics: it begins no later than 15 days from the opening of the inheritance, the text of the will is read out by a notary, the presence of witnesses, heirs at law and probable claimants, and the keeping of minutes (clause 4 of Article 126 of the Civil Code of the Russian Federation).

Thus, a closed will differs from a regular will - primarily in the order of preparation, filing and announcement. When choosing the form of disposition, you need to pay attention to the features of wills.

How to enter into an inheritance under a closed will?

Entering into an inheritance under a closed will has no specific differences.
After the death of a citizen, within six months, the heirs must contact a notary office to open an inheritance case. Entry into inheritance is regulated by Art. 1153 of the Civil Code of the Russian Federation. 6 months after the death of a citizen, a notary issues a certificate confirming the right to inheritance.

Citizens have the right to enter into an inheritance or refuse it in favor of others. To do this, a statement is written to the notary in charge of the inheritance case.

Legal heirs and their shares

The legislation establishes two options for inheritance:

• according to the law in force in our country;
• according to a correctly written will.

In the first case, the civil code fully regulates the procedure for accepting an inheritance, namely the order of heirs.

In the second situation, the obligation (and at the same time the right) to determine the circle of persons to whom the property will go is determined by the testator himself, as well as their shares.

Take note: by will, a citizen can transfer his property after his death not only to relatives, in contrast to inheritance by law, but also to people who are not relatives. Moreover, a citizen has every right to give everything he has to the property and for the benefit of the state.

Procedure for announcement

The order of announcement is as follows:

1. The official must open the envelope within 15 days in the presence of two witnesses and interested citizens.
2. The notary reads the will aloud, after which a protocol is drawn up.
3. The document records the date, time of the autopsy, and the last will of the deceased.
4. The heirs receive a copy of the protocol, and the will remains with the notary.

State duty for opening the envelope and announcing the last expression of will is a state duty of 300 rubles. (Article 333.24 of the Tax Code of the Russian Federation).

The procedure for drawing up a will, its contents

The document is drawn up in compliance with the following requirements:

1. The document is drawn up and signed by the testator himself.
2. The document is sealed and certified by two witnesses.
3. The will is presented to the notary in a closed envelope.
4. The document must be sealed in a new envelope in the presence of the testator. It records information about the testator, witnesses and the date of delivery.
5. The paper is kept in the notary's office, and the testator is given a certificate of transfer of the document to the appropriate person.

The will must clearly reflect the following points:

• who is the testator (name, surname, patronymic, date of birth, place of residence);
• a specific list of property that will be transferred to the heirs under the will, indicating its distinctive features (for example, the exact address of the apartment, car registration number, etc.);
• a specific list of heirs defining the degree of relationship or other relationship to the testator.

If the document contains ambiguous phrases or inaccurate wording, the document may be appealed in court and declared invalid in whole or in part.

Good to know:

• Is it possible to challenge a will for inheritance and how to do it?
• Is it possible to bequeath an apartment with a mortgage?
• Division of inheritance between heirs

How to invalidate a closed will?

Certification of a will by a notary is not a guarantee that the document will not subsequently be declared invalid.
Interested parties can challenge the last will of the deceased if legal norms are violated. The following may serve as grounds for declaring a will invalid:

• the content of the document contradicts current legislation;
• technical means were used when writing the text;
• doubts arose about the mental health of the testator at the time of writing the document;
• there is no personal signature of the compiler;
• witnesses do not meet the requirements specified in legislative documents;
• the text contains errors and inaccuracies.

To have a will declared invalid, interested parties must go to court. It is necessary to provide evidence that the last statement of will was drawn up with violations.

Attention! An invalid document loses legal force. In this case, inheritance will be carried out according to law.

What situations can lead to a will being declared inconsistent with the law?

A document may be declared invalid if important rules are not followed:

1. Writing a will using a computer rather than by hand.
2. Lack of testator's signature.
3. Transfer of property that does not belong to the testator by right of ownership.
4. Transfer and opening of the envelope without the participation of witnesses.
5. The incapacity of a person, confirmed in court proceedings.

If there is even the slightest reason to challenge the will, interested parties take advantage of it.

The legal institution of a closed form of will is used not only in our country. Most developed countries also use it. The basic rule in all countries is that a citizen who has reached the age of 18 has the right to make a will. In some countries, there are specifics when drawing up a closed will. And sometimes they defy logic.

For example, let's take Norway. If a will was drawn up by an incapacitated person or a citizen who has not reached the age of majority, it can be recognized as valid if this fact is certified by the king of the state himself. But the main thing is that this certification must occur during the life of the testator.

In some countries, a closed will, if translated into Russian, is called secret or secret. As for Russia, the closed form is a conditionally new phenomenon in practice. It must be said that the open form of a will is more common among Russians. And it must be added that not all citizens of our country write a will. It is not clear what this is connected with, but inheritance by law is a more private phenomenon than the reading of a will. Maybe many people are confused by such a question as honesty to a notary. Of course this plays an important role. For example, a notary is obliged not to disclose knowledge that he learned when drawing up an open form of a will. But no one knows whether he will follow the rules.

CONCLUSION: Experts say that the institution of wills in Russia is undervalued. In particular, few citizens go to a notary's office and draw up a will. This is partly due to legal illiteracy, as well as mistrust of notaries.

A will is the will of a person who, after death, wants to leave an heir and transfer his property to him. The procedure for preparing this document complies with certain rules specified in the Civil Code of the Russian Federation. The testator must be an adult and have legal capacity. Otherwise, the document may be declared invalid. The notary is obliged to certify these qualities of the testator, as well as to explain the rights of the testator. But in the case of a closed form of will, the notary will not be able to tell the person if there are errors in the text of the document. This is explained by the fact that the secrecy of the closed form of the will is maintained. No one except the testator himself knows what is written in this document. All the nuances, as well as the heirs and the size of their shares, will be known after the death of the testator, when the will is read out.

The procedure for a closed will is clearly regulated by law. If you allow the slightest violation in the process of drawing up and registering a closed will, then it can be challenged. And the court will side with the interested parties.

Questions from our readers

Can a will made in emergency circumstances be closed?
If emergency circumstances occur, then the citizen has the right to draw up a will in simple written form in the presence of two witnesses (Article 1129 of the Civil Code of the Russian Federation). Such a will must be certified by a notary within a month after the emergency circumstances have been eliminated. Otherwise it will be considered void.

A will made in emergency circumstances cannot be closed. Witnesses must see the information that is written in the declaration of will.

Drawing up a will in the event of a threat to the health or life of the testator

According to the norms of Russian legislation, a citizen has the right to draw up a will in a special form in some emergency circumstances (for example, if there is a threat to health or life). Since this concept is evaluative, its reality will be examined by the judicial authorities when considering the validity of a will.

This type of document is drawn up in writing in person with two witnesses who will sign the document as witnesses. If within a month from the date of signing the specified document the situation changes for the better and the threat to life disappears, the document will lose legal force and will be declared invalid.

If there is a threat to life, the testator has the right to draw up both an open and closed will. Most often, documents of this type are challenged in court by the legal heirs, since the assessment of the presence of a threat is determined by the court.

Underwater rocks

The execution of a document, as well as the acceptance of an inheritance under a closed will, is characterized by its own characteristics:

1. When writing a document, you need to pay attention to the content. A closed will cannot be read by a notary, who will correct errors if necessary. If inaccuracies are discovered, the document can easily be challenged. Therefore, it is recommended to first consult with lawyers regarding the text of the will.
2. A document can be challenged if it lacks information about mandatory heirs, if any. These include incapacitated and minor citizens, as well as persons who were dependent on the testator. They are entitled to a share of the estate, even if they are not named in the will.
3. Changes or cancellations of a document must be properly completed. Otherwise, the last expression of the will of the citizen, which complies with legislative norms, is taken into account.

Who has the right to bequeath

The most important rule is the full sanity of the testator.

This fact, according to Russian law, can be confirmed both by the notary himself, based on the citizen’s identity, and by a certificate from a specialized institution, for example, a psychiatric dispensary.

The last option is more significant, since it is very difficult to challenge it in the future than just a notarial act.

This is important: such an important document must be drawn up by a person himself, and the use of computer equipment, typewriters and other devices for typing is prohibited. The will is written in your own hand using a ballpoint pen.

Only the legal owner, who has supporting documents for his property, has the right to bequeath a particular piece of real estate, for example, a house or apartment. This also applies to other objects - movable property (cars, various jewelry, luxury items, etc.).

Determining the future fate of your property can only be done upon reaching the age of majority (18 years old according to general rules).