Will for a minor child (grandchild): pros and cons

of freedom of will and testament operates It contains information about all persons who will receive the citizen’s property after his death. The recipient of valuables can be not only relatives, but also strangers. even minor as successors , but they will not be able to independently dispose of the items received, since this requires permission from their guardians.

Is it possible to write a will for a minor?

When a person dies, his property passes to new owners. If the owner did not take care of drawing up a will in advance, then the inheritance is divided in equal shares between his blood relatives.

The order of division can only be changed with the help of a will. This is a document in which you can indicate the recipients of property and determine their shares in the event of the death of the owner.

In accordance with Art. 1119 of the Civil Code of the Russian Federation, the owner of the property is free to choose an heir. He can transfer the property to relatives, friends, businesses or the state.

The law does not prohibit citizens from choosing minors and even unborn children as heirs.

Advantages and disadvantages of a will

There are pros and cons to the method of transferring property by inheritance by drawing up a will.

Advantages:

a will can be revised or revoked at any time;
ownership remains with the testator until death;
minimum documents for registration;
the disposal of the property remains with the testator.

Flaws:

in any case, a mandatory share will be allocated from the inheritance to dependents and disabled family members;
a will can be challenged in court.

How to draw up a will for an apartment for a minor child or grandchild?

You can make a will for a minor child or grandchild as follows:

At the notary's office. To do this, you can contact any notary office in the country. It does not matter whether the owner or potential heir is registered. When registering a will, you must pay a state fee. Its size varies depending on the region where a particular notary office is located.
The person replacing the notary.
If the owner does not have the opportunity to contact a notary for objective reasons (there is no notary in the locality, holidays or weekends on which notary offices do not work). In such a situation, the will can be certified by the head of a local government body, the head physician of a hospital, the commander of a military unit, the head of an institution of the Federal Penitentiary Service, or the captain of a ship. The will is drawn up in 2 copies and the authorized person is obliged to send it to the notary office at the place of registration of the testator as soon as possible. The inability of the owner to move is not a basis for registering a will with a person replacing the notary. In this case, a notary must be called to your home. The cost of notary services in this case increases by 1.5 times.
In simple written form (in an emergency). If the life of the owner is in danger, he can draw up a will in simple written form and verify it with the signatures of 2 witnesses. The document will be valid during the emergency and another 30 days after its completion. If the danger has passed and the testator remains alive, then the document must be certified by a notary or it will lose force. If a citizen dies in a dangerous situation, then the heirs need to go to court to have the will recognized as completed in an emergency situation.

If the heir is a minor child, then his legal representatives (parents, guardians) must go to court to protect his property interests.

Sample will

Parental consent

Question from a reader

My husband's mother decided to make a will for my son. The child is 11 years old. Should she ask my permission to make a will?

To draw up a will for a minor child, the consent of parents or other legal representatives is not required.

The issue of consent is a popular one. But citizens do not take into account that a will does not immediately transfer property to the child, but only after the death of the owner. Since the exact date of death is unknown, the property may pass to the grandson several years later, including after he reaches adulthood.

List of documents

The list of documents for registration of a will includes:

civil passport of the testator;
receipt of payment of state duty.

No additional documents are required. But the testator needs to remember that any error in the child’s data or in the name of the property will lead to the will being declared invalid. Therefore, it is advisable to have the child’s birth certificate and property documents with you. And when making a will, you need to carefully check the document before you sign it.

Cost of probate

When registering a declaration of will at a notary's office, you will have to pay:

State duty in the amount of 100 rubles. (Article 333.24 of the Tax Code of the Russian Federation).
Legal and technical services - depending on the region. In 2021, in Moscow you will have to pay 2,400 rubles, in the Altai Territory - 2,700 rubles, in the Irkutsk region - 1,200 rubles.

Disabled people of groups 1 and 2 receive benefits when registering. They pay 50% of the state duty.

The law does not provide discounts for citizens who draw up a will in favor of minor children. Therefore, the testator will have to pay the full cost.

What to do next?

Once the document is drawn up, the owner is not obliged to notify the heirs about it. During his life, he can change the will several times or cancel it completely.

However, often the heirs under the will do not enter into the inheritance because they did not know about its existence. Therefore, it is better to inform the child or his parents about the expression of will. Moreover, it is advisable to transfer the original will to them for safekeeping.

How to appoint an executor of a will?

What documents are needed to register a will with a notary?

Required documents

A will for children can be drawn up at any notary office, but it is better to apply at your place of residence. A will for an apartment or housing can be named by an heir who receives the right to real estate after the death of the owner. To prepare the paper you must provide:

Passport;
Property papers;
If the testator is married, documentary evidence of sole ownership.

Experienced specialists recommend supporting the paper with the signatures of witnesses and attaching a certificate confirming the absence of mental disorders at the time of drawing up the will.

Advantages and disadvantages

Advantages of registering a will for a child:

This is an opportunity to transfer property to a child, bypassing other applicants.
This is relatively inexpensive compared to an inheritance agreement or deed of gift.
When a minor inherits an inheritance, the recipients of the property are exempt from state duty.

However, making a will for a minor has its dangers:

The child's legal representative must register the inheritance.
This puts the will of the deceased to transfer property to the child in direct dependence on the wishes of the legal representative. If, when inheriting by law, the parent cannot remove the child from the heirs, then if there is a will, you can simply not submit documents to the notary. Example. Irina made a will for her grandson. But Irina’s son decided that his mother’s decision was unfair. After the death of the mother, he did not file documents on behalf of the child and accepted the mother’s property himself, as the primary heir by law.
If the child manages to reach adulthood, then due to his age he may not know how to register an inheritance.
A will cannot limit the rights of compulsory heirs. Therefore, if the testator transferred all the property to a minor son or grandson, then disabled dependents or pensioners can claim their share.

Therefore, the decision to make a will must be made on an individual basis. If the owner is confident in the child’s legal representatives, then a will can be drawn up. In other cases, it is better to choose an inheritance agreement or a deed of gift.

Is it possible to bequeath valuables to a stranger?

The law does not establish any requirements for heirs , which are indicated in the act of last will. Accordingly, if we talk about whether it is possible to write a will for a minor child who is a stranger, for example, the child of friends or neighbors, then the answer will be positive. Relatives will not be able to challenge such a document if it is prepared by a legally competent person and with the assistance of an experienced notary.

Important! The decision regarding acceptance or refusal of inheritance is made by the guardians of the minor with the involvement of the guardianship authorities, since it is necessary to take into account the interests of the child himself.

Can a minor make a will?

A prerequisite for drawing up a will is the presence of full legal capacity.
Therefore, a minor citizen can make a will only if he has undergone the emancipation procedure. Emancipation is the acquisition of full legal capacity for a child between the ages of 16 and 18. To do this, you need to get officially married, work under an employment contract, or open an individual entrepreneur.

Moreover, legal capacity does not appear automatically. The child and his legal representative must contact the guardianship department to obtain an order from the district administration for emancipation.

If the parents are against it, the child can go to court. In this case, the basis for emancipation will be a court decision.

To draw up a will, an emancipated minor will need to provide not only a civil passport and a receipt for payment of state fees, but also an order from the administration or a court decision on emancipation.

Entry into inheritance and property registration

Inheritance by minors involves certain features related to the registration of property rights.

Parents or an authorized person submit an application for inheritance rights. If a child acquired legal capacity before reaching adulthood, it is possible to independently contact specialists. Emancipation occurs upon registration of a marriage and employment.

The application must be submitted within six months, but exceptions are possible for a minor. The renunciation of the share is formalized with the permission of the guardianship authorities. From the age of fourteen, the child must be present during registration or give a notarized power of attorney for the right to represent.

We recommend reading: The Secret of the Will

How to register an inheritance for a minor child?

The procedure for registering an inheritance for a minor is different in that all actions from accepting the inheritance to re-registering the property in the authorized body are carried out by the child’s legal representative.

Note! If the heir is a minor, you should not actually accept the inheritance. In this case, you need to give preference to the notarial method in order to avoid encroachment on the property of other heirs.

Algorithm of actions:

Preparation of documents.
Contacting a notary office.
Payment of expenses.
Obtaining a certificate.
Re-registration of property.

The procedure for registering an inheritance is constantly changing. If in most regions the heirs will have to contact a notary in the city where the deceased was registered, and search for the exact notary office by the first letter of the deceased’s surname, then in St. Petersburg you can contact any notary.

If the debts of the deceased are greater than the value of the property, then the legal representative can issue a waiver of the inheritance. But for this you need to obtain the consent of the district guardianship office.

Documentation

List of documents for registration of inheritance:

child's birth certificate;
passport of the heir aged 14 to 17 years;
will;
death certificate of the owner;
certificate from the last place of registration;
application for acceptance of the inheritance and issuance of a certificate of rights to it;
property documents.

In addition, the legal representative must present a civil passport and documents that confirm his authority. Among them:

marriage certificate (if the parent entered into another marriage and changed his last name);
certificate of change of surname (if the child and parent have different surnames);
order appointing guardianship (for a guardian);
resolution on the creation of a foster family (for a foster parent).

Statement

An application for acceptance of inheritance is written:

if the heir is a child aged 0 to 13 years, then the application is filled out by a legal representative;
if the legal successor is a minor aged 14 to 17 years, then the document is drawn up by the child, and the legal representative writes consent to accept the inheritance at the bottom of the sheet;
if the heir is emancipated, then he draws up the application independently and the consent of the legal representative is not required.

Sample application

State duty

Minors are exempt from fees when registering an inheritance. However, he incurs the following costs:

for property valuation - depending on the value and type of property;
to pay for legal and technical services of a notary - depending on the region.

When paying for legal and technical services of a notary, the amount is established for each heir for each property.

For example, in 2021 in Moscow you will have to pay from 500 rubles. up to 3,000 rub. for each object of movable property and 6,000 rubles. – for each real estate object.

Certificate of inheritance rights

A certificate of inheritance rights is issued in the name of a minor. The document is issued 6 months from the date of death of the deceased.

If the legal representative can prove that the minor is the sole heir of the deceased, then the notary can issue a certificate of inheritance rights before the expiration of this period.

Property registration

The procedure for registering real estate is also carried out by a parent or other legal representative. To do this, he must collect documents and contact the authorized body. For example, to re-register real estate you need to contact Rosreestr, when re-registering a car - to the traffic police.

An application on behalf of an heir aged 0 to 13 years is submitted by a representative, and a minor heir submits an application himself with the consent of the representative.

Note! A minor child cannot own a gun. Therefore, the deceased’s weapons can be sold on behalf of the heir or left in storage at the Ministry of Internal Affairs until the heir reaches adulthood.

Features of accepting property

If a will is made in favor of a minor, the following rules are taken into account:

if the heir is under 14 years old, then all actions to accept property are carried out by parents or other legal representatives;
persons over 14 years of age can partially exercise their rights, but only with the consent of their guardians;
if a teenager has gone through the emancipation procedure, then he is treated like an adult, and therefore accepts the inheritance on his own without obtaining anyone’s permission.

The process of accepting an inheritance is carried out within 6 months after the death of the owner of the valuables. It is allowed to enter into an inheritance actually, for example, if a minor lives in the apartment of the deceased. But such real estate can only be registered through the court.

Parents cannot voluntarily refuse the inheritance intended for the child , since this requires the consent of the guardian . Representatives of this government body act in the interests of the minor, and therefore never give consent to renounce the inheritance.

Parents pay a fee for the valuables received . It is 0.3% of the value of the property if there is a close relationship between the testator and the successor. If there are no family ties, then the fee is 0.6% of the amount, but not more than 1 million rubles.

Who manages the inheritance of a minor?

Until a child reaches 18 years of age, he cannot dispose of his own property:

the property of a child aged 0 to 13 years is managed by the legal representative of the minor with the consent of the district guardianship department;
The owner can dispose of the property of children aged 14 to 17 years inclusive himself, with the consent of the legal representative and the district guardianship department.

So, you can sell property or rent it out with the prior permission of the guardianship department. As practice shows, it is not easy to obtain. To do this, you need to contact the guardianship department at the place of registration of the child. If the legal representative wants to sell an apartment that a child has inherited, then he must provide him with ownership of housing of similar price and area in return. If the child’s living conditions are worse as a result of the transaction, the guardianship department will not give consent.

Disposal of received inheritance

Upon reaching the age of fourteen, the heir acquires certain rights and can make orders regarding the bequeathed property. He has the right to refuse the received share with the consent of the guardianship authorities.

A citizen gains full independence from the age of eighteen. Starting from fourteen, transactions are carried out with the consent of the heir.

Until adulthood, operations are carried out by representatives, parents, and guardians. It is not necessary for parents to have a power of attorney to represent the interests of a child. Any issues related to the refusal or alienation of property of minors are carried out with the consent of the guardianship and trusteeship authorities.

The contents of the order can be challenged in court if there are compelling arguments. The statute of limitations for resolving disputed issues is three years. The maximum permitted period for resolving all controversial issues related to inheritance is ten years.

Lawyer's answers to private questions

Mom bequeathed the apartment to her brother’s newborn son. When she died, the boy was 3 years old. He is a citizen of Ukraine. Can I challenge a will?

This requires compelling reasons. For example, my mother took strong medications, was deprived of legal capacity, and had dementia. The age of the heir and his citizenship are not grounds for dispute.

I have 2 children, a son and a daughter. I don’t want them to get my apartment after my death. Can I make a will for my daughter's son if he is 4 years old?

Yes. You have the right to choose any heir, including a minor. But if the son or daughter is disabled, then they will be entitled to a compulsory share.

I have been diagnosed with a disease that could kill me soon. Can I make a will for my child and choose a guardian for him during his lifetime?

To appoint a guardian, you must write an application to the guardianship department or a notary. But this requires the consent of the potential guardian. To transfer property to a child, you need to make a will.

What does the order contain?

The order must include a detailed description of the things alienated in favor of the minor and the latter’s data. It must indicate: the date and place of signing; information about the testator and successor; a list of alienated assets. The order is certified in the office in the personal presence of the parties signing the document. In addition to the lawyer and the testator, two witnesses are involved in the procedure. The latter should not be interested in the content of the expression of will and sign the envelope at the end of the event. Sometimes it is allowed for the order to be endorsed by an outsider who plays the role of a manhandling officer. This is explained by the physical disabilities of the manager (he cannot personally issue a visa).

Important! Experts recommend involving an executor in the procedure. His services will be required when inaccuracies are discovered in the text that can be interpreted in different ways. The specified person will help fulfill the will of the testator as he wished during his lifetime.

Assigning responsibilities to minor heirs

The testator may make a testamentary refusal. It means the imposition of a certain obligation on the heir (Article 1137 of the Civil Code of the Russian Federation). For example, providing living space for one of the relatives of a deceased citizen.

If the heir assumes rights, he automatically accepts the assigned obligations. Refusal of them gives the right to the legatee to demand fulfillment of the obligation through the court. If the testator has appointed an executor, then he must monitor the fulfillment of his duties by the heirs.

Who can you file a claim against if the will is not executed? The legatee or executor may bring a claim against the heirs represented by legal representatives (Article 37 of the Code of Civil Procedure of the Russian Federation).

A popular option for testamentary refusal in relation to minor recipients is the possibility of receiving a cash contribution upon reaching a certain age (18 years or 21 years).

Since minor children cannot independently dispose of their property, the ability to use and dispose of the inheritance rests with their legal representatives. If the testator does not want the parents or guardians of the heir to spend his property, he can establish a testamentary refusal.

Appointment of executor of a will

The testator may appoint an executor to protect the interests of a minor heir or legatee. The only condition is the consent of the person who is entrusted with the duties of the executor.

A corresponding note is made about this in the will, or the executor writes a separate statement, which is attached to the order (Article 1134 of the Civil Code of the Russian Federation). If the will was drawn up without the participation of the executor, then he can confirm his consent after the inheritance opens.

is given 1 month to make a decision . If a citizen does not confirm his position within the specified period, then he is recognized as having refused the duties assigned to him. Inheritance of property occurs without the participation of the executor of the will.

Should the executor be included in the estate? No. Any trustee can be the executor of a will.

Can there be more than one executor in a will? Yes. The Civil Code does not contain a prohibition on involving several citizens in the inheritance procedure.

What are the responsibilities of an executor? The powers of the will executor are determined by the document itself. This includes ensuring the safety of property, transferring inheritance to applicants, and receiving money due to the testator from third parties. If necessary, the executor may require the heirs to execute a testamentary assignment. The executor of the will can count on compensation for expenses and remuneration for work performed (Article 1136 of the Civil Code of the Russian Federation).

How is the executor released from his obligations? One way is to carry out the will of the testator. If the executor of the will wishes to be released early from his obligations, he can file a claim in court. Additionally, heirs can initiate legal proceedings. For example, if circumstances arise that prevent the execution of the administrative document by the executor.

Amount of state duty

The age of the recipient of the property is not reflected in the amount of the state duty when drawing up the order. Therefore, the testator bears his expenses in full.

Costs for registering the will in 2021:

A state fee is charged for notarization of a will. Its size is 100 rubles .
Notary services are paid separately. The amount of payment depends on the region of circulation. For example, in Moscow the testator will pay 2400 rubles, in the Voronezh region 1900 rubles.

Check the amount of expenses on the website of the Federal Notary Chamber. Just select your region in the special line.

Procedure and design features

The basic requirements for the document are specified in Art. 1126 Civil Code.

All information regarding the specifics of registration of the testamentary procedure is provided for in Chapter 62 of the Civil Code. It is also stipulated that such a document must be drawn up in 2 copies. Each sheet is signed personally by the applicant, in the presence of a notary. The first form remains in storage, the second is handed over to the applicant. The presence of witnesses in the case is allowed.

Attention!
Making a will through a representative is prohibited.

Documents for registration:

owner's passport;
title papers for the object;
registration extracts for real estate;
agreement on determining the size of shares (if it is a share of a room, house);
a notarized statement that the applicant was not married at the time of purchase (if it is personal property).

Download a sample will