How to cancel and change a will in 2021 - step-by-step instructions

Is it possible to cancel or change a will?

Russian legislation enshrines the principle of freedom of will - Art. 1119 of the Civil Code of the Russian Federation.

It is realized not only through the right of the testator to dispose of property at his own discretion by drawing up a declaration of will. Another manifestation of the principle of freedom is the right of a citizen to cancel or change a previously drawn up document.

Cancellation or change of will occurs in accordance with Art. 1130 Civil Code of the Russian Federation. To exercise such a right, the testator does not require the consent of any of his relatives, heirs or third parties. The property owner also does not have to explain the reasons that prompted him to change or cancel his decision.

The legislation does not limit the testator in the number of statements of will drawn up - Art. 1119 of the Civil Code of the Russian Federation. After his death, the notary will be guided by the latest version of the document. In this case, previous wills will remain in force to the extent that they do not contradict the newly drawn one.

Inheritance of property by will

A separate chapter No. 62 of Federal Law No. 146-FZ of November 26, 2001 (Civil Code of the Russian Federation) outlines the rules of inheritance according to the will drawn up by the testator. This chapter consists of the following articles, which the maker of the will, as well as his heirs, also need to know.

General provisions (Article 1118)

This section includes the following general information:

• the testator can dispose of the property belonging to him in the event of his death as he sees fit by drawing up a will;
• the testator must be legally competent when drawing up the document;
• the will is drawn up exclusively by the testator personally;
• a testamentary document is drawn up by one citizen; it is not allowed to draw up a will on behalf of two or more persons;
• a will can be called a one-sided transaction. After its announcement, it gives certain rights and imposes responsibilities on the citizens receiving it.

A citizen who decides to write or change a will can do this by contacting a notary himself or accompanied by a person close to him

Freedom to express a will (Article 1119)

The testator has the right to bequeath the property he has acquired to persons who are related to him or to strangers. He can also distribute portions of property and funds at his discretion, change or revoke a will, and disinherit one or all of his legal heirs. However, he does not have to give the reason for such a decision.

In addition to property rights, any other orders that do not go beyond the scope of the Code can be included in the will.

A person has the right to dispose of his own property

Important! If, after drawing up a testamentary document, circumstances arise that require additional intervention, the testator has the right to make any changes to it. In this case, the original version of the document loses its legal force.

The testator can also not only change, but also completely cancel the old will by drawing up a new document (Article 1130 of the Civil Code).

Freedom of expression is limited only by the rules specified in Article 1149 on the compulsory share in the inheritance.

The testator is not obliged to inform anyone about the contents of the document, its cancellation or additional changes made subsequently.

The right of the testator to bequeath any of his property (Article 1120)

A citizen can bequeath property that belongs to him on the day the document is drawn up, as well as that which he intends to acquire.

The testator has the right to draw up one or more testamentary documents, indicating in them specific parts of his property that will be intended for certain persons.

Article 1120 of the Civil Code of the Russian Federation

Sub-appointment of an heir in a testamentary document (Article 1121)

This addition may well be made to the document at the time of its change, which is carried out due to a number of prevailing circumstances.

The testator has the right to indicate in the will several or one heir (Article 1116); they may or may not be legal heirs.

The sub-appointment of an additional heir is made in the process of making changes to the will or when drawing up a new document

The testator appoints an additional heir so that he becomes the legal recipient of the property in the event that the real heir does not live to see the will be announced or dies immediately after its opening, without having time to accept it. The same replacement can occur if the main heir does not accept the inheritance or does not have the right to it, turns out to be unworthy, or in other cases established by law.

Shares of inheritance in a property will (Article 1122)

All persons who have access to a testamentary document do not have the right to disclose its contents, changes made to it, as well as its cancellation (Federal Law No. 166-FZ of October 2, 2012).

If in the will the testator indicates several recipients of his property, but does not indicate their share, it is considered that they have the right to equal parts of the inheritance, that is, everything that the deceased left is divided equally among all heirs. Therefore, the citizen leaving a will should take this factor into account and, if necessary, make adjustments to it through changes or additions.

To avoid any unpleasant issues arising between the heirs, it would be better for the testator to independently determine their shares in the inheritance

If there is one indivisible part of the inheritance, for example, a house, then it can be bequeathed to several persons. Each of those who accepted the inheritance has the right to receive a share of the indivisible property. They are determined in accordance with the share specified for each of them by the testator in the testamentary document. That is, an indivisible object is sold, and the money received from its sale is divided among all heirs. Another option would be to evaluate the property at market value, and then pay one of the heirs to the remaining claimants of their shares.

If the heirs were unable to agree among themselves on the use of the indivisible object, then this is determined by the court.

You can also inherit, for example, part of the real estate

Maintaining the secrecy of a will (Article 1123)

All persons who have access to a testamentary document do not have the right to disclose its contents, changes made to it, as well as its cancellation (Federal Law No. 166-FZ of October 2, 2012).

Persons who have access to such documents include:

• a notary who directly draws up the document;
• notaries with access to the database;
• persons processing documents and storing them in a common database;
• translator, if he is involved in the execution of the will;
• witnesses present during the preparation and signing of the document;
• a person who signs a document in place of the testator, who is also sometimes involved in the process of drawing up a will, carried out in front of witnesses.

Important! If the secrecy of the will has been violated, then the citizen who is its owner has the right to demand compensation for moral damage caused to him. In addition, he can use other protective methods provided for by law.

Persons who have access to the will do not have the right to disclose its contents

It should be taken into account that the submission of a document by a notary to the general notarial database when it is executed, adjusted or canceled will not be a violation of secrecy (Federal Law No. 166-FZ of October 2, 2012, third part).

If a will is drawn up by two spouses, then each of them can be present when the other’s document is executed (Federal Law No. 259-FZ of July 29, 2017, part four).

How to correctly draw up a testamentary document - general rules (Article 1124)

A will is drawn up in writing and certified by an authorized person entitled to do so (a notary). However, in some cases, other persons specified in Articles 1125, 1127, 1128 of the Civil Code are also entitled to approve this document. If these rules are not followed, the will will be considered invalid. A simplified form of the document is possible only in the cases specified in Article 1129 of the Civil Code.

Important! The best option would be to entrust the preparation of a will to professionals. Before going to the notary, it is recommended that the testator make a list of property that will be included in the will.

It is better if the will is drawn up by a lawyer

When certifying a document drawn up by a notary, witnesses may be present. However, the following persons do not have the right to sign a will instead of the testator, or as witnesses:

• authorized persons who have the right to certify testamentary documents;
• a citizen who is an heir under a will being drawn up, these include children, parents or spouse;
• incompetent or illiterate testator;
• disabled people who have physical disabilities that do not allow them to consciously react to what is happening;
• persons who do not speak the language in which the will is drawn up. An exception to this case is the preparation of a closed testamentary document, which will be discussed below.

Writing a will can be done by hand or typed on a computer - the main thing is that the document is drawn up and certified correctly

When the presence of a witness is required when certifying or transferring a document to a notary, in his absence the will will be considered invalid. It will also be invalid if the witness belongs to the category of citizens listed above.

The document must necessarily indicate the date and place of its certification, with the exception of the case specified in Article 1126 of this Code.

In addition to a regular will, the testator can create an inheritance fund by stipulating the conditions for its management in the testamentary document.

When deciding to combine property into a common fund, the will is drawn up in a special way - the conditions are covered in the Federal Law (clause 5 of the Federal Law No. 259-FZ of July 29, 2017 (as amended on May 23, 2018)).

Attestation of a will (Article 1125)

When drawing up and certifying a testamentary document, you need to know some nuances.

1. The will must be written by the testator himself or by a notary from his words; technical means are most often used for writing. If previously it was a typewriter, today the design is carried out using a computer.

   The will is drawn up in two copies - for the testator and the notary, both documents must be signed and certified by the signature and wet seal of the notary. A photocopy of a certified document will not be considered valid and can only be used to prove to a notary that a will existed

2. If the document is drawn up by an authorized person on the words of the testator, then it must be carefully read by the latter in the presence of a notary. If for certain reasons the testator does not have the opportunity to personally examine the document, then it is read out by the lawyer who drafted it. An additional entry is made about this in the will and it is indicated why the testator did not read the document personally.
3. The testator must personally sign his will. If for some reason the testator is unable to sign, another citizen signs for him in the presence of an authorized person. This fact must also be reflected in the document, and the details of the person signing the document (full name and place of residence) according to his passport must also be indicated.
4. At the request of the testator, a witness may be present during the reading and signing of the document. This fact is also entered into the will, and the witness’s details are also indicated according to the document presented by him, which proves his identity.

   The testator has the right to invite a trusted person as support, who will be present during the preparation and announcement of the finished document.

5. The authorized person certifying the document is obliged to notify the citizen, acting as a witness and signing the will instead of the testator, about maintaining the secrecy of the will (Article 1123).
6. The notary must also explain and familiarize the testator with Article 1149 - this is also recorded in the document.
7. The will can be certified by a local government official or other official who has the right to carry out notarial acts. In this case, all rules of certification and secrecy of the will established by the Code must be observed.

What is a closed will? (Article 1126)

There is a form of a closed will - it is expressed in the fact that the testator has the right not to familiarize not only other persons with its text, but also the notary.

1. This version of the document is written and signed personally by the testator; otherwise, the will will not be considered valid.
2. The closed document is sealed in an envelope, its transfer to the notary is carried out in the presence of two witnesses, they must put their signatures on the envelope.
3. The notary places this envelope in a second envelope, which he seals in front of witnesses. On top of the envelope all data about the testator is written in accordance with the document presented by him, which proves his identity, and the date and place of receipt of the document is also indicated. In addition, the details of each witness are indicated.
4. The witness must familiarize the testator with the information contained in Article 1149 of the Civil Code, make a note about familiarization on the envelope, and then issue the testator a document stating that a closed will has been accepted from him.
5. The envelope is opened no later than 15 days after the death certificate of the testator was presented to the notary. In this case, witnesses and heirs of the testator by law must be present.
6. The text of the document is announced by the notary immediately after it is opened. After this process, a protocol is drawn up, which is signed by the authorized person and witnesses. The original will remains with the notary, but the heirs receive copies of it, which are certified by a notary.

Important! It is impossible to create an inheritance fund with a closed will (Federal Law No. 259-FZ of July 29, 2017).

Envelopes with a closed will are opened in the presence of the intended heirs, the text of the document is announced immediately after the opening of the inheritance

What wills are equivalent to notarized documents? (Article 1127)

There are cases when a will is certified not by a notary, but by other officials. Therefore, being in difficult living conditions, a citizen who decides to issue a new or change an old document can use the information of Article 1127 of the Civil Code.

So, the following documents are considered equivalent to being certified by a notary:

• a will written by patients of medical institutions or elderly citizens and disabled people, certified by the chief physician, his deputy for medical treatment or the doctor on duty, as well as the director of a home for the elderly and disabled (Federal Law No. 39-FZ of March 28, 2017);

  If necessary due to the absence of a notary, the will may be certified by an official authorized to do so. However, two witnesses must be present during this procedure

• a document certified by the captain of the ship if citizens are sailing on ships flying the flag of the Russian Federation;
• heads of expeditions (Arctic, exploration, etc.) located at a distance from notary services also have the right to certify a will (Federal Law No. 51-FZ of June 5, 2012);
• a will drawn up by a serviceman and his family members living on the territory of military units located in areas remote from notary services, certified by the unit commander;
• a document written by a citizen in prison, certified by the head of the institution.

In the above cases, the will must be signed by the testator in the presence of a person certifying him, as well as a witness. The latter also puts his signature on the document.

A will drawn up by convicted persons and those serving sentences in places of deprivation of liberty is certified by the head of the colony or prison

A document drawn up in the conditions described above must, at the first opportunity, be sent to the notary authorities located at the place of residence of the testator (Federal Law No. 54-FZ of April 29, 2008).

If in one of the above-mentioned points it is possible to call a notary to draw up a will, the management must take all possible measures to invite him.

In all cases specified in this article, a citizen can not only draw up a new will, but also make changes to the already prepared document or cancel it completely. It must be remembered that a newly executed document automatically cancels a previously drawn up will.

If a citizen, who is in one of the above conditions, turns to an official with a request to involve a notary in registration, then his desire, if possible, should be satisfied

Will for funds deposited in a bank (Article 1128)

If a citizen has funds deposited in an account in one of the banks, then they can be bequeathed to a notary or by writing a testamentary disposition directly at the bank. This order has equal force with a will certified by a notary.

The disposition of funds in the bank is signed by the testator personally.

A will for funds deposited in a bank account can be made directly at the bank

The funds are part of the general inheritance and are distributed among the heirs, like all other property. Money is issued upon presentation by the heirs of a death certificate of the testator and a certificate of inheritance, except for the cases specified in Article 1174 of the Civil Code.

If the testator decides to change or cancel the order, this process is carried out directly at the bank where it was drawn up.

Will drawn up in emergency situations (Article 1129)

If a citizen is in a situation where there is a clear threat to his life, where there is no opportunity to draw up a document according to the rules of the above-mentioned Articles 1124 and 1128, then he can express his will in a simple form. A document personally written by the testator acquires the force of a notarized will if it is signed by the testator in the presence of two witnesses.

If a will, drawn up in critical conditions, is not legalized within one month from its writing, it becomes invalid

However, a will drawn up under such conditions becomes invalid if the testator remains alive and does not notarize the document within 30 days after the threatening circumstances have ceased.

A document drawn up under such circumstances can be submitted for execution only after confirmation in court - this requirement must be fulfilled before the end of the period allotted by law for accepting the inheritance.

If in such circumstances the will is revoked, then two witnesses must also be present who can confirm the document in court.

For what reasons is a document cancelled?

The initiators of the annulment of the will may be:

1. Testator.
2. Heirs or other citizens who have the right to an obligatory share - only after the death of the owner.

Possible reasons for the testator to cancel his orders regarding property may be:

• Death of one of the candidates.
• Breaking relations with a successor means a quarrel, irreconcilable differences.
• Change of shares or composition of property.

The heirs can annul the will of the deceased only in cases where the norms of the law were violated during its preparation or approval. For example, the testator was incapacitated at the time of signing the document. Or the rights of obligatory heirs were not taken into account.

The testator has the right to deprive one or more heirs of property by:

• There is a special instruction about this in the will. For example, “I am disinheriting my son I.V. Petrov.”
• Distribution of property in such a way that the successor gets nothing.

See also:

How to disinherit an heir by law - step-by-step instructions

Who has the right to an obligatory share in the inheritance regardless of the will in 2021

Reasons for canceling a will

The initiator of the cancellation of the expression of will may be:

1. Testator (countless times during life).
2. Heir (after the opening of the inheritance).

Reasons for canceling an order if the document is changed by the testator

Example. The testator lived in a 2-room apartment. He transferred all his property to his children several years ago. Due to his age, the person was regularly sick. The daughter lived separately from her father, but periodically visited him and helped him with food and medicine. The son lived in another city and showed no interest in the needs of his parent. The daughter convinced her father that his son was unworthy of property because he ignored his current condition. The testator called a notary to the house and drew up a new will. He transferred his property to his daughter. The son was not mentioned in the administrative document. The heiress looked after her father until the day of his death. After the death of her parent, she took ownership of the property. The deceased man's second child was disinherited.

Important! Other persons cannot initiate the revocation of a will during the life of the testator. The law only provides for the possibility of posthumously challenging a document.

This position of the legislator is quite logical. After all, the administrative document can be changed many times by the testator himself. But, after death, the heirs can go to court.

Grounds for declaring a will fully or partially invalid:

• the drafter of the document could not understand the meaning and consequences of his own actions at the time of signing it;
• the form of the will does not comply with the law;
• the order was certified by an unauthorized person;
• the document was not signed by the testator;
• the rights of citizens who are entitled to an obligatory share of property have been violated.

How to cancel a document during the life of the testator

You can cancel an inheritance document during your lifetime in one of the following ways:

1. By making a new will.
2. Having issued an order to cancel the previous document.

Below is a detailed algorithm for the testator’s actions to implement each of the options.

Step 1

Compose the text of the document

How to make a new will

The declaration of will must be drawn up taking into account the mandatory requirements for the form and procedure for certification - Art. 1118 Civil Code of the Russian Federation, art. 1124 Civil Code of the Russian Federation. In case of failure to comply with such requirements, the will may be declared invalid - clause 1 of Art. 1124 Civil Code of the Russian Federation.

When composing a new document, you can cancel a previously compiled one by:

1. Direct cancellation.
2. Indirect cancellation.

In the first case, the owner of the property can indicate in the text that with the new will:

• Cancels what was previously compiled.
• Cancels certain provisions of the previous expression of will.

In the second case you can:

• Include in the document completely different orders regarding the distribution of the inheritance without a direct indication of cancellation - then the conclusion about the complete cancellation of the previous expression of will can be reached as a result of comparing the contents of the documents.
• Include other instructions only regarding the distribution of a certain part of the inheritance. The previous will is considered canceled in the part in which it contradicts the newly drawn one - clause 2 of Art. 1130 Civil Code of the Russian Federation.

In the latter situation, both documents remain in force, but the earlier one will be applied only to the extent that does not contradict the newly drawn one.

A new expression of will can also simply complement the previous one. Then the previous orders regarding the property will continue to be in full force. The exception is those provisions that differ from the newly drawn up document.

Sample will

Sample will (DOC, 16 KV)

See also:

How to make a will in 2021 - a detailed guide with step-by-step instructions

How to draw up an order to cancel a document

The order applies only to cases where the last will of the property owner has been revoked. It is drawn up in the same form as a will. Accordingly, the procedure for registration and certification will be identical.

The text of the order must reflect:

• Name - order to revoke a will.
• Place and date of its compilation.
• A will that is revoked.
• Certifying inscription of a notary.

Sample order to cancel a will
Sample order to cancel a will (DOC, 16 KV)

Who can help compose the text of the document?

To obtain advice on canceling or amending a will, you can contact an experienced lawyer.
The testator has the right to independently draw up a new declaration of will or order for cancellation. It is necessary to take into account that failure to comply with the form and procedure for certifying the document entails the risk of it being challenged by the heirs. And as a result, the will of the testator is recognized as invalid.

When canceling a previous will in whole or in part, as well as when drawing up an order to cancel the expression of will, the accuracy of the wording and completeness of the information provided about the property and who it will go to is important. In the absence of such data, the implementation of the true will of the testator will become impossible.

For example, in the new declaration of will, the owner forgot to indicate that the apartment he owns will be inherited not by his son, as in the previous document, but by his grandson. Therefore, his new wish will not be fulfilled.

A citizen can draw up a text from a notary by paying the state fee and the cost of his legal and technical services.

The best option is to use the services of a lawyer.

Lawyer Sergey Ershov will provide advice on the day of application, assist in changing the will, drawing up the text of a new declaration of will or an order to cancel a previously drawn up document, and suggest what wording to use to correctly reflect the will of the testator.

On the page you can familiarize yourself with the work schedule, find out the office address and contact numbers.

Step 2

Prepare the necessary documents. These include:

• Identification.
• Documents for property - their presence is not mandatory, but for reliability you can provide them.
• Evidence of the testator’s full legal capacity will help protect the citizen from having his will declared invalid due to the testator’s incapacity. But the notary will still check your legal capacity even without such documents.
• Previous Will - If the testator wishes to consult with a notary about what language is best to use to properly reflect the new will.

My article How to draw up a will in 2021 - a detailed guide with step-by-step instructions contains a detailed list of information that a notary needs to certify the will of the testator and is relevant for changing/cancelling the last will.

Step 3

Pay the state fee and notarize the expression of will.

What is the state duty?

There is no fee for issuing a cancellation order. But based on the application of the rules for certifying a will, the state duty will be 100 rubles. (as well as certification of a new document) - Art. 333.24 Tax Code of the Russian Federation.

In addition to the state fee, the testator must pay the cost of notary services of a legal and technical nature (drafting the text of the document, printing, copying, etc.). On average you will have to pay from 500 to 2 thousand rubles.

Their size is established annually by the Federal Notary Chamber for each region. You can get acquainted with the types of services and tariffs for the subject of the Russian Federation you are interested in on the FNP website.

What actions does a notary take when certifying a document?

The certification of the will or the order for revocation occurs according to the rules provided for the certification of a will. Notary:

• Verifies the legal capacity of the testator.
• Checks the compliance of the text of the document with the true will of the citizen.
• Involve witnesses when their participation is necessary. For example, when certifying a closed will or at the request of the property owner.

After completing the procedure, the notary gives one copy of the document to the testator, and keeps the other for himself.

Which notary should I contact to change/cancel my last will?

Notarization of a citizen's expression of will is a prerequisite for its legality. To do this, you must contact a notary, with the exception of cases of execution of a will in accordance with Art. 1127 of the Civil Code of the Russian Federation.

The owner of property is often concerned about the question of whether it is possible to revoke a will with another notary. The legislation does not oblige a citizen to contact exactly the notary who certified the original document - Art. 40 Fundamentals of the legislation of the Russian Federation on notaries.

If another notary was brought in to draw up a new expression of will or an order to cancel, it is advisable for the testator to inform the person who certified the citizen’s will earlier about this by:

1. Sending a notification about the cancellation or change of the last will - indicating the data of the involved notary or the person entrusted by law with performing his function.
2. Sending a copy of the newly drawn up document or cancellation order.

Important! Notification of the notary, who previously certified the testator's will, about the newly drawn up document is a kind of guarantee that the inheritance will be carried out in accordance with the new will of the citizen.

If a will is canceled or changed by the same notary, a mark to this effect is placed on the copy of the will kept by him. The specified information is also entered into the register of registration of notarial acts - Art. 58 Basics about notaries.

Cancellation of a will by the testator

The procedure for changing a will presupposes a certain algorithm of actions, in accordance with the norms of law.

Algorithm of actions and procedure

In order to cancel a will or change part of previously made orders, the testator must contact the notary's office, where the second copy of the certified document is stored.

After the authorized person has established the identity of the applicant and verified his legal capacity, an order is drawn up to cancel the testamentary act (change part of it) or a new will is drawn up.

Each subsequent inheritance transaction cancels the previous one in the part where a contradiction arises. It is possible that the testator will contact another notary office. Since all inheritance transactions are registered in a single register, it is not necessary to notify the notary who keeps a copy of the inheritance transaction. Information about the adjustment will be sent automatically.

Order to cancel a testamentary act

In the event that a will is revoked by order, a document must be drawn up that must contain the following information (similar to a will):

• Name;
• date of preparation and place of registration;
• a statement of the essence of the adjustments made;
• a link to the testamentary act, indicating the registration number that is subject to cancellation or changes;
• registration number of the document form;
• mention of duty withholding;
• certification signature of an authorized person.

After paying the appropriate state fee, the compiled copy of the document is certified by a notary and remains for storage in the office.

Documentation

When contacting a notary office, the applicant must have a passport and a receipt confirming that the state fee has been paid. It is not necessary to present the original will to the authorized person.

Expenses

The costs of drawing up and registering a new act include the cost of drawing up each page of the document (1000-1500 rubles) and registration (100 rubles).

As for the costs of issuing an order to cancel an inheritance transaction, the legislation does not regulate the provision of this service. But in accordance with paragraph 27 of the Method of Recommendations for Certifying Wills, certification of orders is subject to the same rules as the execution of a testamentary act.

In addition, the testator will have to additionally pay for the legal and technical services of a notary, which are established for each subject of the Russian Federation by the Federal Notary Chamber. You can find out information on the official website of this structure.

How to change a will

This cannot be done by simply making changes to a previously certified document. Only a newly drawn up declaration of will, which will reflect the citizen’s changed instructions regarding the distribution of his property, can change the provisions of the previous one.

The procedure of the testator corresponds to the above algorithm provided for the cancellation of the last will.

It is also possible to change a will for an apartment certified by a notary only by drawing up a new document.

The only requirement concerns the form in which it is drawn up. In emergency circumstances, a will, as well as a testamentary disposition of rights to funds, cannot change a document for an apartment drawn up by a notary - clauses 5, 6 of Art. 1130 Civil Code of the Russian Federation.

Invalidation of a will

The law states that a will is a unilateral transaction. As with all other transactions, the invalidation of a will is subject to the general rules for invalidating transactions and, as a rule, is recognized as such by the court.

The grounds for declaring an act of last will invalid can be both general and special, relating only to wills.

The law and judicial practice include the inconsistency of a will with the law and other legal acts (for example, writing a will by an incapacitated person, writing a document under the influence of a threat, misconception and other circumstances that are identified by the court during the consideration of the case).

Special grounds relate to failure to comply with the established (written) form of expression of will or to the absence on the document of a signature certified by a notary or other person authorized to certify such documents.

The considered grounds for invalidating a will also apply to documents that cancel or amend a previously drawn up will.

Which will can be canceled or changed

The testator can cancel or change the will drawn up in any form. But there are some peculiarities.

How to revoke or change a will in emergency circumstances

By an expression of will made in emergency circumstances, only the same will can be canceled or changed - clause 5 of Art. 1130 Civil Code of the Russian Federation.

This means that the owner of the property, in conditions of a threat to his life, cannot, for example, change the last will certified by a notary.

Written form and the participation of 2 witnesses are required. If the citizen remains alive, then within a month from the date the emergency circumstances cease, he must contact a notary to certify his orders regarding the property. Otherwise, it loses legal force.

Successors wishing to receive an inheritance under such a document will have to go to court to confirm the emergency of the situation - Art. 1129 of the Civil Code of the Russian Federation.

How to cancel a testamentary disposition in a bank

Similar to the above example, a testamentary disposition (hereinafter referred to as the GR) in a bank can only be canceled or changed by the GR with rights to funds in the same bank - clause 6 of Art. 1130 Civil Code of the Russian Federation.

Procedure - clause 12 of PPRF No. 351:

1. Contact the bank where the initial PO was drawn up.
2. Present an identification document and inform the bank employee about your last will.
3. Attaching a new ZR to the previous document.

A newly drawn up declaration of will, certified by a notary, can cancel or change the RA. This condition is relevant provided that the will contains instructions regarding the distribution of funds held in the relevant bank.

For example, the use in the text of a new expression of will of the wording “I bequeath all my property” indicates the abolition of any ZR with rights to funds in any bank. And the phrase “I bequeath deposit No. 12345” cancels the previous order only in relation to this deposit.

To cancel the RA in the bank, the testator has the right to issue an appropriate cancellation order - clauses 4, 6 of Art. 1130 Civil Code of the Russian Federation. In this case, one copy of the newly drawn up document must be sent to the bank - clause 12 of PPRF No. 351.

Is it possible to revoke a joint will of spouses?

As for the joint expression of the will of the spouses, it can be canceled by the husband or wife both during the life and after the death of the second spouse - clause 4 of Art. 1118 of the Civil Code of the Russian Federation. This legal norm also establishes the right of any of the spouses to make a subsequent will, incl. closed.

A previously completed joint will can be canceled by an inheritance agreement if spouses are also parties to it - Part 3, Clause 5, Art. 1140.1 Civil Code of the Russian Federation.

Is it possible to cancel or change an inheritance agreement?

An inheritance agreement can be changed or terminated only during the lifetime of the parties to the transaction - Art. 1140.1 Civil Code of the Russian Federation:

• By agreement of the parties to the contract.
• By court decision - only in connection with a significant change in circumstances. The legislator includes the possibility of calling compulsory heirs to inherit in such circumstances.

In relation to an inheritance agreement, the testator has the right to unilaterally refuse the transaction. It is implemented by notifying all parties to the contract of such refusal. The notice must be notarized.

A subsequent will can cancel or change the inheritance agreement - clause 12 of Art. 1140.1 Civil Code of the Russian Federation.

Life situations

As practice shows, more complex situations arise in life with the revocation of a will. Let's consider these options.

Can there be two wills?

The law does not limit the right of a citizen to draw up wills. Therefore, he has the right to draw up one general statement of will or several different ones. If the property specified in them does not overlap, then the heirs will enter into inheritance rights under all documents at the same time.

Example. Ivan made a will for an apartment for his daughter. A year later he entered into a new marriage. In marriage he had a son. The man bequeathed him a house. After 2 years, Ivan inherited a summer cottage and bequeathed it to his wife. After his death, each of the heirs assumed rights under a separate document.

How can I revoke a will made in an emergency?

In a situation where a person’s life is in danger, he has the right to draw up a will and have it certified by the signatures of 2 adult witnesses. Such a document is valid in an emergency situation and for 30 days after its end. After this period, the testator must have it certified by a notary to confirm the firmness of his intentions.

If in an emergency the testator dies, then the successor must go to court to enter into the inheritance. He must prove that at the time the will was made, the life of the deceased was actually in danger.

Thus, in order to cancel a declaration of will drawn up in a dangerous situation, it is necessary:

1. The testator should not have the document certified by a notary after the 30-day period. Then it will automatically lose its power. Before the expiration date, the document can simply be destroyed.
2. For heirs - if the testator died in a dangerous situation after drawing up the will, the document can be annulled without going to court. In this case, the will is not valid. If other heirs not indicated in the document wish to challenge the expression of will, then the procedure is carried out through the court in accordance with the general procedure.

Cancellation and modification of a testamentary disposition

A testamentary disposition is an expression of the will of a citizen in the event of his death in relation to a specific account in a credit institution. It is drawn up at the bank and certified by a specialist from a credit institution free of charge.

You can change the order by drawing up a new testamentary order with the bank in relation to the same account.

You can cancel a document:

1. By submitting a cancellation application to the credit institution.
2. By making a will for this bank account.
3. By drawing up an inheritance agreement in relation to this account.

What are the consequences of canceling or changing the expression of will?

When a new will or order for revocation is drawn up properly in compliance with the norms of civil law, then the canceled or amended provisions of previous expressions of will cannot be restored - clause 2 of Art. 1130 Civil Code of the Russian Federation.

A newly drawn up document or an order for cancellation may be declared invalid if there are grounds provided for by law (incapacity of the testator, made through a representative). Inheritance in such circumstances will be carried out in accordance with earlier versions of the deceased's last will.

When the testator canceled the previous expression of will, and then the subsequent one, the rules of inheritance by law will apply. Because the original document cannot be restored after the will that was revoked is revoked.

See also:

How the inheritance is divided between heirs according to the law in 2021

How to enter into an inheritance legally in 2021 - step-by-step instructions

Inheritance law

Detailed information about wills and inheritance is collected in Chapter 61 of the Civil Code of the Russian Federation.

Considering various articles related to inheritance, it is necessary to clarify that in Sevastopol and the Republic of Crimea, Section 5 “Inheritance Law” is valid if the question of inheritance arose starting from 03/18/2014. If the inheritance was opened before the above date, then the Federal Law of November 26, 2001 N 147-FZ of the legislation in force in this region until March 18, 2014 is used.

Important! The will is drawn up by a notary chosen by the testator, and you should contact him if you want to make changes to the document or cancel it completely. If the testator turns to another authorized person and draws up another will, the first document automatically becomes invalid, even if it is not cancelled.

A person has the right to choose a notary with whom he will draw up a will.

So, the fifth section of this law consists of the following articles 146-FZ of November 26, 2001.

Inheritance (Article 1110)

This process is regulated by the Civil Code, as well as other legislative acts. After the death of the testator, his property, in accordance with established laws, passes to other persons, unless other rules are provided by law.

This diagram shows the types of inheritance and in what cases they occur

Important! A will can only be drawn up by a legally capable citizen, and it must be certified by an authorized person. Most often this is a notary, but there are cases when this process can also be carried out by other persons with the appropriate authority.

There are two types of inheritance - by law and by will (Article 1111)

In accordance with established law , the inheritance can be accepted by one or more persons who are heirs if their deceased relative did not leave a will. There are several groups of heirs of different order. If the deceased was single and did not leave a will, then the state becomes his heir.

Important! The types of wills need to be known to those who are planning to draw up this document or, on the contrary, have decided to entrust their fate to the existing law. Therefore, if the document drawn up is canceled, then the heirs of the first order will receive equal parts of the inheritance.

If a person does not have a will, the inheritance will be distributed among relatives

Inheritance by will - in this case, the inheritance is registered in the name of one or more citizens. It does not matter whether they are related to the testator or not. In addition, a will can be drawn up in favor of an organization or the state. In this case, the will of the deceased is carried out, unless the law provides for certain nuances.

For example, if all the property is bequeathed to only one direct heir, but the second, also a legal heir, is a disabled person of any group, then, despite the will of the deceased person, the person with a disability is entitled to 25% of the total value of the inheritance.

You can bequeath everything to one person

It should be noted that according to Federal Law No. 217-FZ dated July 19, 2018, some changes will be made to the existing Article 1111 from July 1, 2019.

Inheritance (Article 1112)

This article talks about what objects can be included in inheritance. The property of the testator, which is and is not included in the testamentary document, his property rights, as well as obligations, are also included in the inheritance.

Important! When drawing up, amending or canceling a document, you need to know what may be included in the will and what will not in any way affect the citizens accepting the inheritance. Therefore, before taking any action, you need to think carefully about the text of the document - a qualified lawyer involved in inheritance law can help with this.

Duties and rights that are personal factors of the testator cannot be inherited. This category includes:

• alimony payments;
• compensation for damage caused by the testator to any person in the form of harm to his life or health;
• obligations and rights that do not pass to the citizens accepting the inheritance in accordance with the Civil Code, as well as other regulations;
• Intangible benefits and non-property rights are not inherited.

Article 1112 of the Civil Code of the Russian Federation

The opening of a testamentary document is carried out according to the rules below in the presence of all claimants to the testator’s property.

Opening of inheritance document (Articles 1113 and 1114)

The inheritance document is opened by a notary to the heirs after the death of the testator or if he is declared dead by the court. In the latter case, the will can only be opened after the court decision has entered into force. The estimated day of death is indicated in the court document (Federal Law No. 79-FZ of March 30, 2016).

If citizens (spouses) died on the same day and, naturally, cannot inherit each other’s property, both the heirs of each spouse and their common heirs are called upon to enter into the inheritance (Federal Law No. 379-FZ of March 30, 2016).

The document is opened after the death of the testator

Important! If the testator's property is not located in one place, but in different regions or regions of the country, then the heirs are collected where most of the property is concentrated. Therefore, the testator, in order to ease the problem of distribution of the inheritance, can stipulate in the will who should own what objects.

Where does the inheritance open (Article 1115)

As a rule, a testamentary document is read by a notary in the locality where the testator previously lived. If the main objects of the testator’s property are located on the territory of the Russian Federation, then the opening of the testamentary document is made at the location of the property left behind. If it is located in different regions of the country, then the opening of the will is carried out where the most valuable real estate or other property is located. Different types of property are valued at market value.

As a rule, the notary reads the document in the locality where the citizen died

Citizens and organizations that may be called to inherit (Article 1116)

A citizen who draws up or changes his testamentary document must know who can become an heir, except for living relatives.

Unborn or newly born children can become heirs by law or by the will of a deceased citizen

Unworthy heirs (Article 1117)

There is also the concept of “unworthy heirs”, and during the life of the testator they may be present in his will. Not only the one who leaves the testamentary document, but also those citizens who are appointed heirs of his property should know about this:

• Citizens who have committed unlawful acts against the testator or one of the heirs or who have opposed his free will will not be able to receive an inheritance. Their violation of the law must be proven in court;
• if the testator, after the above-mentioned persons committed illegal actions, still mentioned them in the will, they can enter into the inheritance;
• parents who were legally deprived of parental rights and were not restored to them by the day the will was announced cannot become heirs of their children in the event of their death;
• interested parties may, through the judicial authorities, demand to disinherit a citizen who evaded maintaining and caring for the testator, although this was his responsibility;
• if a citizen is recognized as unworthy of an inheritance, then, according to Chapter 60 of the Civil Code, he is obliged to return the part of the property he received unreasonably to other heirs;
• This article also applies to the legacy provided for in Article 1137.

In law there is a concept of “unworthy heirs”

Important! Heirs whose actions led to or contributed to the death of the testator are considered unworthy if this fact is confirmed by the court.

Is it possible to revoke or change a will after the death of the testator?

A will can only be challenged after the death of the owner of the property through the court.
Successors or persons who are entitled to a mandatory share by law do not have the right to make adjustments to the document after the death of the testator. But they can challenge the will or order of cancellation. This requires legal grounds.

A document may be declared invalid if:

• Incapacity of the testator.
• Failure to comply with the statutory form.
• Commitments through a representative.
• Failure to respect the rights of obligatory heirs.

This list is not exhaustive. The algorithm of actions of successors when going to court may look like this:

1. Preparation and collection of necessary evidence.
2. Drawing up a statement of claim.
3. Payment of state duty.
4. Sending a copy of the claim to the parties involved in the case.
5. Submitting a statement of claim with attached documents to the court.
6. Participation in legal proceedings.
7. Obtaining a court decision.
8. In case of recognition of the will as invalid, provision of a judicial act that has entered into legal force to a notary.

My article How to challenge a will in 2021 - step-by-step instructions sets out in detail the grounds on which a document can be invalidated. Recommendations are also given on what evidence is required for this and how to draw up a statement of claim.

See also:

How to challenge an inheritance without a will in 2021 - step-by-step instructions

How to revoke a will by an heir

Cancellation of the administrative document by the heir is carried out in court. The notary is not authorized to make such decisions. Interested parties need to prepare a package of documents and go to court.

Procedure for changing and canceling a will

Heirs must complete the following steps:

1. Prepare evidence and statement.
2. File a claim in court.
3. Attend court proceedings.
4. Get a court decision.
5. Contact the notary office again.

Statement of claim

The form of the claim to declare an order invalid must comply with the requirements of the Code of Civil Procedure of the Russian Federation.

The application must indicate:

• name of the court;
• information about the plaintiff (full name, residential address);
• similar information about the defendant;
• information about the notary who has the inheritance file;
• reasons for challenging the order;
• evidence of the stated facts;
• requirements of the process initiator;
• list of attached documents.

If the statement of claim is filed by a representative of the plaintiff, an additional notarized power of attorney in his name will be required.

Sample statement of claim to contest a will

Required documents

The basis of any claim is evidence. Therefore, the relevant documents must be attached to the claim.

The evidence base includes:

• disputed administrative document;
• death certificate of the owner;
• evidence of relationship with the deceased subject;
• papers confirming claims;
• tax payment receipt.

The statement of claim is filed in accordance with the number of participants in the trial. Copies are certified by the signature of the initiator of the process or his representative.

Expenses

List of costs when challenging an order:

1. State duty. When filing a claim, you must pay a state fee. The fee is 300 rubles.
2. Legal advice. When contacting a specialized organization, you must pay a certain amount for a consultation. Costs can be avoided by submitting an application on our website. A hereditary specialist will provide information. Free of charge.
3. Preparation of documents. Collecting evidence and inviting witnesses may become an additional cost item.
4. Engaging a specialized lawyer. If there is a dispute between heirs, it is advisable to invite a specialist.

Important! If the plaintiff is entitled to benefits, then he is exempt from paying state fees when filing a claim. However, written evidence of this right must be attached to the application.

What does judicial practice say in cases of cancellation or change of a will?

There are no special statistics on such cases. Judicial practice contains a sufficient number of examples when the demands of heirs were satisfied. A newly drawn up document containing instructions to cancel the expression of will or change it, as well as the order to cancel it, were declared invalid.

However, the courts also refused to satisfy such claims - when there were no legal grounds for declaring the document invalid and the necessary evidence.

Who certifies wills and orders to revoke them?

The law obliges the testator to give the order not only in writing, but also to have his signature certified by a notary. Failure to comply with this rule automatically entails the invalidity of the drawn up legal document and recognition of its invalidity in court is not required. Practice shows that in some cases the signature on a document (as well as on orders to cancel or change a will) can be certified by other officials:

• chief physician;
• head of expeditions;
• captain of a sea vessel;
• commander of a military unit.

Certification of documents by these persons is equivalent to notarization and the grounds for calling for inheritance will be similar to a will certified by a notary. The law also does not distinguish between property that can be certified by a notary or the above-mentioned officials. This means that a will for an apartment certified by the chief physician of a hospital has the same force as a will for a car certified by a local government official. A sample document is developed individually in each case, depending on the will of the testator.

FAQ

Q: Does a will revoke a testamentary disposition in a bank?

A: Yes, provided it indicates that it refers to funds in this bank.

Q: Is it possible to cancel or change the expression of will through government services?

A: Yes, yes. The testator is provided with the service of certifying a will on the government services website. But it is not available for all regions. And you will have to come in person to get a certified document.

Decor

A special administrative document on cancellation is drawn up according to the same scheme as a regular will (clause 4 of Article 1130 of the Civil Code of the Russian Federation). You can write the text yourself or contact a notary. The choice of a notary does not depend on the place of residence of the testator and the location of the property. A will cannot be made through a trustee. Making a will through a representative is prohibited; if the testator, due to serious illness or physical injury, is deprived of the opportunity to personally sign the document, the representative does this in his presence.

The order undergoes mandatory notarial (or equivalent) certification, for which a state fee of 100 rubles is charged. (Clause 13, Clause 1, Article 332.24 of the Tax Code of the Russian Federation), after which the old will becomes invalid. The certification of a disposition is carried out in the same way as the certification of a will. The procedure for making changes or revoking a will:

1. Establishing the legal capacity of the testator.
2. Comparison between the actual will of the testator and the contents of the document.
3. Drawing up the document in two copies: for delivery to the testator (after which it comes into force) and for storage in the archives of the notary’s office.

It is worth noting: if the cancellation order is signed by another person, the document must indicate the reason why the testator was unable to personally sign the refusal, as well as the passport details of the person who signed the document to verify his identity.

It is better to have the order certified by the same notary who certified the will being revoked. In this case, the notary leaves inscriptions about the cancellation on his copy of the revoked will and in the registration book. When contacting another notary, you will have to notify the previous one of the cancellation. The same applies to the creation of a new will: the testator must personally send a notification letter or a copy of the new will (administrative document) to the employee who certified the previous document. The letter must contain the identification data of the notary officer who certified the new will (administrative document).

Unlike an ordinary will and administrative document, a will written in a critical situation and an order regarding funds in a bank account are not subject to mandatory notarization.

Crib

1. The testator has the right to cancel or change his will.
2. A declaration of will can be canceled by drawing up a new document or by ordering the cancellation of the previous one.
3. The last will can only be changed by drawing up a new declaration of will.
4. A testamentary disposition in a bank and a will made in life-threatening conditions are canceled or amended only by the same forms of documents.
5. The successors of the testator after his death have no right to cancel or change his will. But they can challenge the document and declare it invalid if there are appropriate grounds.
6. If the new will or revocation order is found to be invalid, the instructions it revoked will again acquire legal force.

Do you decide to cancel the will by specifying a completely different procedure for the distribution of property in the new will? Or will you draw up an order to cancel the previous expression of will?

How to make changes to a will

At the legislative level, it is determined that the document on the transfer of inherited property to successors can be corrected by the testator.
To make corrections, you must receive an amendment order, which contains the changes made, made in whole or in part. If the testator wishes, a new will can be drawn up, which will include all the necessary amendments. The testator may wish to amend the will by deciding on a new procedure for distributing property rights, canceling a number of points specified in the document, or if there are contradictions that arose during the initial drafting of the document. Before doing this, he must notify the notary of his desire to change the will.

To make changes to a will, in addition to standard documents, it may be necessary to attach a certificate of health of the testator at the time of making the changes, as well as invite witnesses to confirm the legal capacity of the testator and his normal mental state.

If the testator decides to completely change the first version of the will, replacing it with a new one, before drawing up the updated document, he should:

1. decide on the property that he will transfer to his successors;
2. select heirs;
3. draw up the text part of the testamentary act;
4. provide the notary with the necessary documents;
5. pay the state fee and provide a receipt for its payment;
6. have the document certified by a notary.
7. confirm the order with the signatures of witnesses, if necessary.

In order for a document with amendments made to it to gain legal force, the testator must:

• sign a new document and have it certified by a notary;
• make sure that the employee of the notary office indicates the register number and the amount of payment of the state duty.

Taking into account all the points of the procedure described above, the testator can be sure that the change in information in the testamentary act was carried out in accordance with all the rules and does not violate the law.

What you can and can't do with a will

The current legislation clearly regulates what rights the testator is entitled to when writing it and what subsequent actions he can take.

Here we should take into account the presence of obligatory heirs (incapacitated, dependents, minors) who, by law, also have the right to receive part of the inheritance.

Often, a person’s legal successors after his death may not agree with the dying will of the deceased. They have the right to put forward their point of view, justify and defend it in court. The law does not prohibit this.

Is it possible to cancel a will with another notary?

Usually this action is carried out in the notary office where it was drawn up. However, it happens that a notary is absent for a long time or has ceased notarial practice. In such a situation, it is allowed to carry out this procedure with another notary.

When contacting it, it is recommended:

• inform who and where previously executed the document;
• send a photocopy of the order (will) by letter;
• upon termination of the activities of the notary who compiled it, a request is sent to clarify all the circumstances.

You must have a civil passport and a copy of the will with you. If it is not on hand for any reason, a request is made through a centralized database. After receiving an official response, the procedure continues.

Is it possible to revoke a will if the testator has died?

As noted above, the heirs may not agree with the decision of the deceased relative to distribute the property he acquired among his legal successors after he “passed on to another world.”

It is known that mostly citizens apply for it in old age, sometimes without realizing the actions they are taking. This worries the testator's relatives. The law allows legal challenge of this document by the legal successors of the deceased.

The primary right to do this, if there are objections to the stated will of the citizen (Article 1131 of the Civil Code of the Russian Federation), has:

• children;
• surviving spouse;
• mother and father.

To do this, you need to file a statement of claim in court, where you outline your requirements in detail and pay a state fee of 300 rubles.

Before carrying out this procedure and counting on a positive decision from the judge, there must be grounds for invalidating the will.

Is it possible to change a will and how to do it correctly?

In this case, it is not completely canceled, but only some of its points, at the request of the testator. In accordance with the law, this can only be done by drawing up a new document to which changes will be made. It is not possible to replace or correct individual paragraphs or sentences of an already existing version of the text.

You must have your passport and will with you. All wording and adjustment parameters should be developed in advance.

In accordance with Art. 1130 and 1132 of the Civil Code of the Russian Federation, provided that several of them have been drawn up, the legal successors will inherit according to several documents or according to the latest most recent drafting.

In what cases can relatives cancel?

Close (relatives) belonging to the first line of heirs can resort to the procedure. To challenge a will, it is necessary to have grounds that cast doubt on the validity of the document. Special and general reasons can be distinguished.

The first group includes:

1. There are several compilers.
2. Seals, signatures and other details have been forged.
3. The will was expressed through representatives.
4. Pressure was put on the person.
5. The official has no rights to certify the legal relationship that has arisen.
6. There were no witnesses when there should have been.

All these facts can serve as grounds for challenging the will. No exculpatory statements of other persons will play a role, since the procedural order must be observed.

The second group includes:

1. The rights of obligatory heirs are violated.
2. The testator was incompetent.
3. The text was written under pressure from third parties and did not reflect the will of the person.
4. The will is fabricated (fake).
5. The above is contrary to the law.
6. There are inaccurate wording and errors in the text that do not reflect its meaning.
7. Compiled in a state of alcoholic or drug intoxication (stupefying).

During the trial, evidence is carefully collected, handwriting and other examinations are initiated, and witnesses are heard, including a notary. The court's decision may be appealed to a higher authority in the future.

Note! A person whose rights have actually been violated by a document can make claims and defend their rights.

Legal subtleties of making a will

By virtue of Article 1119 of the Civil Code of the Russian Federation, a citizen has the right to leave a posthumous disposition in relation to all property that belongs to him on the date of drawing up the document, or will be in his property at the time of death. At the same time, he has the right to bequeath his property to any persons and even organizations and determine their shares in the inheritance, but taking into account the rules for allocating a compulsory share.

In this case, the testamentary disposition must be drawn up in accordance with the requirements of Article 1124 of the Civil Code of the Russian Federation. In particular:

• drawn up personally by the testator or by a notary in the presence of the testator;
• include only actually enforceable conditions, if they are additionally provided for;
• notarized, although in emergency circumstances it is possible to draw up a document in simple written form.

In turn, the notary certifying the document must personally monitor the following factors:

• the legal capacity of the testator;
• personal signing of the document by the testator;
• the presence of witnesses, if required by the will procedure;
• We understand the citizen's rules for drawing up a document, in particular, determining the same mandatory share and a number of other documentary formalities.

The testator also has the right:

• to appoint an heir within the framework of Article 1156 of the Civil Code of the Russian Federation;
• approve the candidacy of the executor of the will within the framework of Article 1134 of the Civil Code of the Russian Federation;
• provide for a testamentary assignment in accordance with Article 1139 of the Civil Code of the Russian Federation;
• include a condition on the application of a testamentary refusal in pursuance of Article 1137 of the Civil Code of the Russian Federation.

For information: If the will is certified by the commander of a ship or military unit, or the head of a geological expedition, by virtue of Article 1127 of the Civil Code of the Russian Federation, the document must be transferred to a notary for re-certification after the circumstances preventing the calling of a lawyer at the time of drawing up the last will have disappeared.