People rarely plan to make a will, especially when the person is young and full of energy. But over time, property appears in the form of cash savings, real estate, jewelry and antiques. The created business, car or beloved dog will someday have to be entrusted to someone. To avoid unpleasant moments with family and friends, to properly dispose of property and draw up the necessary documents, it is important to know where, when and up to what age you can write a will in Russia. All the nuances of the process and the necessary actions of the testator are stipulated in the laws of the Russian Federation (hereinafter referred to as the RF).
Does age and health matter?
A foreigner living in Russia, a young man or an older woman can draw up a will in accordance with the laws of the Russian Federation. According to the law, you can formalize your will after reaching the age of majority.
Practicing lawyers note that a client’s age of about 80 years is indeed no exception for drawing up a will. For a person who has maintained health and clear memory, does it matter how old he is? But I would like to remember the words from Bulgakov: in our world you can’t be sure of anything. And Annushka, who has already spilled the oil... Therefore, everything is documented.
To draw up a will, the following documents are required:
- passport, military ID or other identification document;
- residence permit (for foreigners);
- marriage certificate, or certificate of emancipation of a minor;
- in special cases - an extract from the medical record or a doctor’s report.
If a person lives in Russia for a long time and owns something valuable, he can make a will. To do this, you need to contact a person authorized to certify documents (usually a notary), confirm your identity and legal capacity.
At what age can you make a will? This can be done from the age of 18. If, according to the law, the age of legal capacity has not been changed due to marriage or other reasons, the document will be drawn up, signed and registered in the state registry.
Buy endowment insurance
Minimum contribution: from 1500 ₽ per month
If the goal is to leave a large amount of money to your heirs and make their life as simple as possible, you can enter into an endowment life insurance agreement (CLI).
It can be purchased in rubles, dollars or euros for three, five or more years. After purchasing an endowment insurance policy, you can receive a tax deduction of up to 15,600 rubles per year.
If something happens to you, your heirs will receive insurance money within a maximum of 15 days. Money from a deposit or from a safe deposit box - in six months, when they can enter into inheritance rights.
To receive the payment, your heirs will need a death certificate, passport and a statement from the recipient. In addition, now many insurance companies accept documents through a personal account, which greatly simplifies the situation.
What are the risks here:
You choose who will receive your money if an unforeseen event occurs. And it will be extremely difficult to challenge this.
One of the main conditions of the contract with the insurer is the regularity of making contributions (for example, once a month, the minimum amount can start from 1,500 rubles). On the one hand, this can be considered as a plus: a person develops financial discipline and learns to plan a budget. On the other hand, the system has a significant disadvantage. So, if you do not pay the amount within the prescribed period, the company has the right to terminate the contract. In this case, the policyholder receives approximately 0 to 30% of the premiums (if the termination occurred at the beginning of the term) or 90% (if closer to the end). More often, if it is impossible to pay, the client prefers to simply transfer the policy to the paid status - the money remains until the end of the term, but the insured amount decreases.
New law on wills and deeds of gift
Nobody's rights are limited. Any foreigner, stateless person or citizen living in the country can safely draw up a will.
There is a procedure for preparing this document:
- The declaration of will is written by the testator or another person in the presence of a notary.
- Corrections to the document are prohibited.
- Entries are made only in pen in duplicate. The document is signed by the person expressing his will, with his own hand and in the presence of a notary. The testator himself invites the witness. One copy of the will must remain with the notary.
- The notary is obliged to record everything on video, which is stored for the period specified by law.
- During registration, a witness observes the process. It is better to choose one or two adequate people who, in case of disputes, can clarify and confirm the good will of the testator in court.
If a person has disabled children, parents or other relatives living with him, adjustments required by law are made to the inheritance under a will in order to take into account, if possible, the interests of family members.
A deed of gift differs from a will in that the rights to property are transferred to the heir immediately after the document is executed, and under a will - only after the death of the testator.
Draw up an inheritance agreement
How much does the registration cost: depends on the value of the property and the degree of relationship (the fee is calculated based on this) plus 2,500 ₽ for paperwork and notary costs.
From June 1, 2021, a new form of inheritance has appeared in Russia - an inheritance contract. Its difference from a will is that the document is signed by both parties - the testator and the recipient of the inheritance. The latter agrees to certain conditions, which he knows and can even begin to fulfill in advance. For example:
- make monthly payments to the owner of the property for the rest of his life;
- or allow his wife to live in the inherited apartment.
The agreement must be certified by a notary. If several inheritance agreements were drawn up for the same property, then the very first option will be taken into account.
What are the risks here:
This is a fairly new form of agreement, so no one can yet accurately predict where and at what point problems may begin.
In all three of these cases, the heirs will have to pay a fee for what they inherit from you. For example, when receiving real estate for children, spouses, parents, full brothers and sisters of the testator, the duty is 0.3% of the value of the inherited property (but not more than 100,000 rubles). For others - 0.6% of the value of the property, but not more than 1,000,000 rubles. That is, if the property is large, then the heirs will have to find money to pay the fee.
To the expenses you need to add the services of a notary for opening an inheritance case, a state fee (100 ₽), drawing up an application for entry into the right of inheritance (plus a state fee for this), as well as a fee for registering property rights (2000 ₽).
Read on topic: 10 facts about inheritance that you might not know
Can heirs challenge a will?
The rights to books, films, personal belongings, an apartment or other property can be bequeathed or donated to anyone, so deprived relatives often try to challenge the will after death in court. According to the laws of the Russian Federation, they have such an opportunity within the specified time frame. It is difficult to cancel a deed of gift, since it is a financial document. Other procedures apply to him.
If the will is not executed by a notary, does not have the necessary data and details, involves an ambiguous interpretation, is written under pressure or is in an inadequate condition, then it can be challenged.
The court, after studying the case, conducting examinations, studying evidence and testimony, can cancel the will of the deceased. Then the property is distributed among the heirs according to the law of inheritance.
It is not necessary to take the case to court. The story of Oleg Tabakov's will caused a lot of noise among the public. Four children have equal rights of inheritance. But when Tabakov’s relatives opened the will, the older children from his first marriage received nothing from the property. According to the eldest, Anton Tabakov, intra-family matters do not concern anyone.
What can you leave as a legacy?
First you need to understand what exactly you want and can leave as an inheritance.
This can be any real estate (a studio apartment on Yakimanka, a garage in Uryupinsk, a warehouse near Vladivostok, and so on), movable property (a car, a yacht, a bicycle, a carriage, vintage furniture, a malachite tabletop...), securities, documents, precious metals or money. You can even bequeath property that does not yet exist. For example, a house that is planned to be built on a plot, a fee for a book or an apartment that you bought in a house at the foundation stage.
By the way, your debts will also go to your heirs.
Here are the methods of transferring property:
Is it possible to change a will after 80 years of age?
At any age, the testator has the right to change his will. The law does not restrict freedom and expression of will. It is possible for a will to be drawn up on the same day by different notaries with different contents. The version written last is legally recognized. To establish the truth, notaries are required to record the date and time of the will. An older testator is not required to indicate the reason why he changed the text.
Interested heirs, if the latter option is declared invalid by the court, count on the restoration of the previous one, but only through the courts.
It is not the function of the notary to recognize the testator as capable of drawing up a will. The notary will not serve obvious incompetents. To avoid misunderstandings, along with the text of the expression of will, the notary is left with documentary evidence of health, including certificates from a narcologist and psychiatrist, for safekeeping.
Categories of citizens exempt from paying state duties and technical services
Articles 333.35, 333.38 of the Tax Code of the Russian Federation determine the list of persons who are completely exempt from paying state duties or who are entitled to discounts when entering into an inheritance. These include:
- heroes of Russia or the Soviet Union;
- participants or disabled people of the Second World War;
- former prisoners of war, prisoners of the Nazis;
- disabled people of groups I and II (50% discount on all notary services);
- people receiving real estate or a share where they lived with the deceased;
- people acting in the interests of wards and minor children;
- citizens registering rights to deposits, insurance payments, royalties;
- persons whose successors are people who died during public service, political repression, or while saving people.
Discounts are provided based on documents presented at the notary's office. Moreover, if the property is inherited by several persons, and one of them is exempt from payment, the state duty is reduced in proportion to the number of heirs.
How to make a will for a person at an advanced age
If an elderly person has many relatives, then a timely declaration of will will preserve peace in the family for many years. All acquired property can be bequeathed:
- heirs: natural children, spouse, brothers and sisters;
- other heirs may appear on the list: neighbors, organizations or states.
At the time of drawing up the document, it is important to be of sound mind and good memory. A notary can ask simple everyday questions in a private conversation to verify the testator’s legal capacity. Sometimes there is a need for a psychological and psychiatric commission. The intentions in this case are pure: to protect the will from possible doubts about the incapacity of an older person, especially if he decided to bequeath everything to a young nurse or the grandson of his grandmother’s sister. The decision is made collectively, allowing the testator to formalize the last will.
The Code of the Russian Federation does not limit the number of wills if they are about different types of property or concern different successors. Moreover, an older person chooses shares in property to the heirs arbitrarily and deprives them of the inheritance without specifying reasons.
Important steps in making a will:
- Think over and compose a complete text.
- Contact a notary. Write down the text on a special form with the necessary details. Sign in person.
- Notarize and register.
In emergency cases, the laws of the Russian Federation do not prohibit visiting elderly people at home or in the hospital. All other points (form, recording, witnesses, etc.) must be observed exactly.
Prepare a deed of gift for property
How much does registration cost: from 2000 ₽ (depending on who is giving it to whom and what exactly).
The deed of gift is very beneficial for the heirs: they will not need to divide the property and pay a fee for it, wait six months before entering into inheritance, and also draw up documents and go to the notary themselves.
It is drawn up by a notary or a lawyer (whose services will need to be paid). You will need passports, documents for property and the consent of the co-owners and spouse (the latter may not be mandatory, you need to check with a lawyer or notary). A deed of gift for a share in real estate must be certified by a notary. And to the deed of gift, for example, for a car, you need to attach an act of acceptance and transfer.
After this, you need to register a new right of ownership (for real estate - in Rosreestr, for a car - in the Ministry of Internal Affairs).
In addition to the costs of lawyers and notaries (if their services are required), state fees for registration of a deed of gift (from 200 to 50,000 rubles, depending on what exactly and who is giving), registration of rights to real estate (state duty of 2000 rubles), you will have to pay tax . However, this only applies to real estate, cars and shares. The tax rate is 13%. It should be listed next year. You will have to pay another 13% if you sell the gift before the deadline (for real estate the period is five years).
True, if your mother, husband or other close relative gives you an apartment or shares, you won’t have to pay 13% for the gift received, and you can do without a notary. So the additional costs will be only 2000 ₽ - for registering property rights. But you will also have to submit the deed of gift, say, for an apartment to Rosreestr yourself.
What are the risks here:
You lose ownership of the apartment during your lifetime. So it all depends on your relationship with your loved ones and the level of trust in them.
Will - procedure for execution
Issues of making a will are regulated by Chapter 62 of the Civil Code of the Russian Federation.
Article 1124 states that such a document must be in writing. Its provisions are certified by a notary. Today there are private and public notaries. Specialists freely receive citizens and can travel to the client’s place of residence if necessary. So there are no difficulties with registration - all formalities can be resolved within a few hours.
Before registering a will for an apartment with a notary, you should study the title documents for the property. This is done to ensure that there are no errors in the will.
For example, a person may consider an apartment completely his own, while a small share belongs to his relative. The second owner does not participate in any way in the use of the property. In fact, one person owns the property, but legally this is not the case. This means that the testator can only dispose of a share of the property, but not all of the residential premises.
The storage period for such a document is not established. No one can say exactly when a will will need to be made public, so it is kept until it is revoked or executed.
The cost of deeding an apartment varies. Certification of the document itself by a notary will cost approximately 1,900 rubles . Compiling the text will cost several thousand more. As a rule, notaries themselves willingly participate in writing a will, so there is no need to look for a third-party lawyer. Accepting a closed will will cost more - about 4,000 rubles.
Who can be the heir under the contract?
Any person who may be called upon to inherit may be designated as an heir under the contract. The list of persons is specified in Article 1116 of the Civil Code.
Citizens who are alive at the time of opening of the inheritance, as well as those conceived during the life of the testator and born alive after the opening of the inheritance, as well as legal entities, the Russian Federation, constituent entities of the Russian Federation, municipalities, foreign states and international organizations can be called upon to inherit.
Those. under such an agreement, the inheritance under a condition can be transferred not only to citizens, but also to legal entities. For example, bequeath a collection of samovars to a museum, but only on the condition that they will be exhibited and not gather dust in storage rooms.
Drawing up a will for real estate
The question of whether a testamentary document or a gift agreement is better is highly controversial. This especially concerns the interests of heirs. This is where the financial costs of registration and the risk of challenging or changing documents come into force. Therefore, in order to decide on the right option, we recommend that you contact the portal’s inheritance lawyers. Valuable advice based on your specific situation will allow you to make the right choice.
Contents of the document (sample)
Inheriting an apartment by will assumes that this document will be drawn up without contradicting the letter of the law.
Thus, the testamentary document must contain the following information:
- place and date of document generation;
- testator's data;
- where the owner lives;
- when the owner of this property was born;
- details of the identity document;
- the essence of the document;
- the name of the property transmitted by inheritance;
- if the apartment is not privatized, then indicate this;
- when an object is transferred to several heirs, their shares in the apartment are indicated;
- number of copies of the document;
- notary's signature and endorsement.
After the document has been drawn up, it must be endorsed by a notary office. In turn, the representative of this body will carry out the following activities:
- verification of the applicant's identity;
- establishing the legal capacity of the testator;
- signature authentication;
- signing the document and affixing it with a notary’s seal;
- registration procedure of a testamentary document in the registry.
A sample will for an apartment can be found here
Obligations of the heir under the contract
The testator and heirs agree in advance what property will go to whom and what conditions must be met for this. The agreement can distribute not only assets (real estate, money and shares in a business), but also liabilities (for example, the heir’s obligation to repay the loan).
Responsibilities can be of two types:
Property responsibilities.
For example, a daughter will receive an apartment on the condition that she will support her father until his death.
Non-property responsibilities.
For example, a father's house will pass to his son only if he takes care of his parent's pets.
Note! An inheritance agreement may establish obligations that the heir must fulfill from the moment of its conclusion. For example, it may contain the obligation of the heir to transfer 10 thousand per month to the testator, and after the death of the testator he receives his apartment.
