A general will, drawn up and certified by a notary, concerns real property, but has no relation to cash savings stored in the bank. A testamentary disposition for funds in a bank is a separate document, which is a special type of will. It has the same legal force, but contains orders only in relation to money, without affecting property values.
Such an order is drawn up and certified in the bank where the testator’s funds are kept. All investors have the right to make a will in relation to funds, but only a few use it, preferring a traditional power of attorney.
How to draw up a will for a bank deposit
The law establishes the following options for posthumous disposal of deposits:
- notarized will;
- testamentary disposition.
Similarities and differences between documents
| Will | Testamentary disposition | |
| Similarities | Are issued in writing | |
| Come into force only after the death of the owner | ||
| To obtain rights to property, the heir must register the inheritance with a notary | ||
| The document may contain conditions for the disposal of property. For example, the ability to spend money only upon reaching adulthood. | ||
| Differences | Certified by notaries, persons who replace the notary (chief physician, commander of a military unit) or witnesses (will in emergency circumstances) | Certified by a specialist of the bank where the deposit is opened |
| The testator pays the registration fee, as well as legal and technical services | Issued free of charge | |
| May include dispositions for all or part of the deceased's property | Includes orders regarding one or more deposits in a given credit institution | |
| Includes orders regarding one or more deposits in a given credit institution | The law exempts deposits from state duty | |
A testamentary disposition is drawn up at the bank. The document is issued free of charge.
It is signed by an authorized representative of the bank. The document has the force of a notarized will.
However, it applies exclusively to money that is in bank accounts with this credit institution. Other property is not indicated in the testamentary disposition.
The presence of the document does not in any way limit the rights of the account owner in relation to the withdrawn deposit. That is, if necessary, a person can withdraw money completely or partially.
Until 2002, inheritance of cash deposits could occur independently of the rest of the inheritance. Since 2018, deposits have been included in the inheritance.
Regardless of the method of alienation of the bank deposit, the administrative document gains force only after the death of the testator. During his lifetime, the testator can change or cancel both the notarial and bank orders.
Additional conditions when drawing up an expression of will may be provided for by local regulations of the credit institution. For example, when registering a testamentary disposition in Sberbank, a fee of 80 rubles is charged. from foreign citizens and stateless persons on account in foreign currency.
Taxes and duties
When receiving money from an inheritance contribution, no tax is paid, since such funds are not considered profit. However, a state fee must be paid.
In accordance with the Tax Code of the Russian Federation, for the closest relatives of the deceased, the state duty paid to the notary will be 0.3% of the inherited funds on deposit, for relatives other than natural children, parents and siblings - 0.6% of the funds. In both cases, the amount of the duty cannot exceed 100 thousand rubles .
Having a bank deposit, the owner can take care of spending it after death, both through a notary and through a bank employee. In both cases, it can enrich or deprive any individual or organization.
The heirs will be required to contact the notary, regardless of which method of disposal the testator has chosen. Of the deposit amount, up to 100 thousand rubles will be spent on state duty, the rest will be divided between them as indicated by the deceased.
Procedure, procedure
The procedure for drawing up a testamentary disposition is regulated by Government Decree No. 351 dated May 27, 2002. The document is drawn up exclusively in writing and signed by the owner of the deposit in the presence of a bank employee. The identity of the testator is determined by the passport.
The bank representative must explain to the citizen his rights and obligations. This includes the procedure for drawing up an order, the rule on the marital share and compulsory heirs, and the procedure for amending/cancelling a document.
The testamentary disposition must indicate the date of its preparation. After the document is executed, the provision on the secrecy of the will applies (Article 1123 of the Civil Code of the Russian Federation).
Sample testamentary disposition for a bank deposit
The law does not establish the exact form of a testamentary disposition. Recommendations for its preparation are contained in Government Decree No. 351.
The testamentary disposition must contain the following information:
- Bank details.
- Title of the document.
- Date and place of drawing up the order.
- The testator's residential address.
- The essence of the order. If the testator has several deposits in the bank, then you need to indicate each of them in turn or the one that the testator assigns to a specific heir. It is advisable to make a footnote to the bank deposit agreement.
- Full name and address of registration of heirs.
- References to the norms of the law on the order of inheritance, marital share, the rights of compulsory heirs, the procedure for changing/cancelling an order, the secrecy of a will.
- Mention of the number of copies of the document.
- Depositor's signature.
- Signature of an authorized bank employee.
- Seal of a financial institution.
Sample testamentary disposition:
Direction or ordinary will
The law allows the execution of a special administrative document instead of a will. How convenient is it and what to choose?
| INSTRUCTION TO THE BANK | WILL |
| It is more convenient if the testator intends to re-register other properties separately. For example, donate an apartment by drawing up a deed of gift or sell it so that the heirs get the money. Employees of the bank where the citizen’s savings are stored will be informed in advance. The successor indicated in the paper only needs to visit the institution , taking his passport and other documents. The participation of a notary is not necessary here; a couple of witnesses and the signature of an employee are enough. The paper will remain with them. The procedure for inheriting money is simpler . It is carried out in accordance with legal requirements and internal rules of the bank. The heirs will be notified by employees about everything. And the process will not bring them additional costs or other difficulties. There are no strict requirements regarding the content . The owner of the deposit can distribute the amount between several persons designated by him. Each person's share will be described in numbers. According to the client’s conditions, bank employees will transfer the money. It is necessary to indicate a fallback option for distributing funds. Who will get them if the main heirs suddenly refuse? It is much cheaper to get savings this way, because if you register bequeathed capital in a standard way, the heirs must pay a state fee . Moreover, every man for himself. Therefore, a group of people selects one representative who handles the paperwork. Then they divide what they receive among themselves separately. Final document . Its contents cannot be corrected. Just make a new one. This is a general rule that applies to all bank securities. The client must write it himself, and a bank employee will then check and confirm the authenticity. | It is easier to include all property in one meaningful document . Provide it with the conditions that the author wishes to impose on the heirs. Only by completing them will they receive what is due. The author can change or cancel the finished version of the act without any problems. The last document left by the deceased is considered legally significant. The participation of a notary is inevitable . Yes, a citizen can write a will himself, but he will have to take the document to a specialist for safekeeping. It will subsequently be claimed when interested parties submit a request. If there are many things left to descendants, it is easier to include them in one, voluminous document. After all, if a citizen chooses an order, he will have to notify the people listed there separately. So that they visit a banking institution. To receive the savings left to them, the successors will have to go to the right bank. Show the will there and re-register it. It is necessary to indicate a fallback option for distributing funds . Who will get them if the main heirs suddenly refuse? This happens because the recipients of the inheritance automatically take not only the assets of the deceased, but also his debts - an unpaid loan, possibly alimony obligations, money taken from third parties. If the testator is sick and cannot move independently, is permissible to invite a notary to come to his place . This is convenient, because clients are often in special institutions for a long time - sanatoriums, hospitals or nursing homes. It's difficult to leave there. If there is no lawyer nearby, you cannot invite him; the participation of responsible persons who will certify the document is allowed. This is the head physician of the hospital (if the testator is being treated there), the captain of the ship, the director of the sanatorium and other persons. |
How to change a deposit order
The testamentary disposition is made by the account owner. The document is certified by an authorized employee of the financial institution.
The original order is kept in the bank. An appropriate note is made on the agreement indicating the presence of a testamentary disposition.
To make changes to the document, the testator needs to contact the bank where the original document was drawn up. The bank employee re-establishes the identity of the testator and clarifies the citizen’s last will. The newly drawn up document is attached to the previous order.
Also, the owner of a bank deposit can change or cancel a bank order by drawing up a notarial will (clause 12 of Government Decree No. 351). In this case, one copy of the notarial document is sent to the bank.
If the will is executed before the order is drawn up, then the recipient formalizes the inheritance according to the testamentary order. If the notarial document is drawn up after the bank document and includes information about the funds in this account, then the inheritance occurs according to the will.
If the will does not include instructions for deposit funds, then inheritance occurs according to the terms of the order.
A notarial document can change a testamentary disposition in whole or in part. For example, bequeath one of the accounts specified in the order to another recipient.
Important! In the event of the death of the recipient of funds before entering into inheritance, the right to receive the deposit arises from the heirs by law. The funds are divided between them in equal shares.
An ordinary will may be used
According to the law, the owner is free to use everything he has. Make various real estate transactions, spend savings, exchange things. Also be left for posterity. People are mortal, lawyers advise you to think about writing a testamentary document in advance.
Fortunately, the procedure is simple and has a number of advantages:
1. The author has the right to change the contents of the paper as much as he likes, rewrite it or cancel it altogether. Some people specifically visit a notary to “practice” in drawing up a will. The first options do not reflect the real situation. After all, the author’s preferences change, and his well-being may also change.
2. Only property described by the author is taken into account. If by the time of his own death the testator had acquired something else, it will be distributed according to the law. Therefore, before drawing up the document, you should carefully check the number of real estate properties and their value. The amount of savings and other nuances.
3. Money located in the house, in a bank or other places can be bequeathed to relatives in the standard way. By including them in the hereditary mass . The author of the document indicates the amount of the amount and the names of the persons who will receive it.
4. A citizen can appoint anyone as an heir: a family member, a distant relative, an outsider, even an organization. For example, to a school or charity, a co-worker, a neighbor or your children.
The only thing is that he will have to take into account the rights of a group of persons considered to be the legal successors. These are close relatives - natural/adopted children, parents of the testator and his legal spouse.
They have the right to sue half of what was left by the deceased if he “forgot” to mention them in the will. Therefore, this option should be considered in advance.
5. Closed document . A citizen is free to choose how he will make a will. If it is a secret, then the contents of the document will be unknown to anyone, including the notary. Only at the moment of reading after the death of the author. Or open. For example, having drawn up a document, the testator will gather his relatives and announce the contents to them. This will reduce the likelihood of family disputes, litigation, and infringement of the rights of the main heir chosen by the citizen.
Learn important things: How to make a will
6. Participation of a notary - the client can bring him the finished document, leaving it for storage. Or put it together after listening to a specialist. The latter is advisable; a lawyer can become a witness confirming the legal capacity of the deceased if dissatisfied relatives begin legal proceedings.
It turns out that according to the will, the persons indicated there can receive the savings left by the deceased. The procedure is standard, reminiscent of the usual registration of inheritance. The only difference is that a bank is involved.
Validity period of the order
The law does not determine the validity period of an order for a deposit in a bank. The funds are held in the account until demand by the heirs, unless the order contains other conditions.
The recipient of the funds on deposit is the rightful heir. It is also subject to the debt obligations of the deceased.
A citizen can accept property or refuse it. Refusal of inheritance is the basis for transferring rights to the deposit to other heirs.
The absence of applicants is the basis for recognizing the property as escheat. Consequently, the inheritance goes to the state.
If the heir has assumed rights by order, the money can be withdrawn at any time. For example, if the contract has expired.
If the agreement contains a clause on automatic extension of the contract, then the money does not need to be withdrawn. However, you must re-register the contract in your name. After all, early withdrawal of funds may lead to the loss of all or most of the interest on the deposit. Sometimes losses result in substantial amounts.
Procedure for issuing a deposit
Determined by legislation and internal rules of the institution. The heirs must follow them. Receiving a deposit does not involve direct cash withdrawal . After all, successors are legal entities. For this category of people, all monetary transactions must be carried out non-cash.
Procedure:
1. The heirs send the bank the deceased’s savings book (a copy thereof) and his death certificate (a copy certified by a notary). Supplementing them with a letter from the recipient, where he asks to list the savings left by the deceased. Indicates the account. If the applicant is a legal entity, then the head of the organization + chief accountant must sign the letter. At the bottom there will be a stamp and all bank details.
2. Recipients can visit any branch of the desired bank where the deceased kept savings, including the central office. Staff will check the information. You can receive money by presenting a will or using an order left by the testator earlier. If the former, then the heirs will have to visit a notary first. He will issue a certificate confirming the rights of people and their status.
3. When all designated persons come to the bank, individual personal accounts are opened for them. Where will the shares of the deceased’s savings be transferred? If some of the heirs are absent, their share remains untransferred in the account of the deceased.
The main difference between receiving inherited money according to a will or instructions is the participation of a notary. The second option is simpler, because the designated deceased persons only need to visit the bank and take the necessary documents.
The first time, you need to open a new inheritance case with a notary, draw up papers, and receive a certificate. Without it you cannot take money.
How to receive a contribution from a will
A feature of inheritance by testamentary disposition is the need to have data on its preparation. Otherwise, the citizen will have to carry out actions to search for the deposit.
The search can be carried out directly by the heir or the notary conducting the inheritance case (on a paid basis).
To search independently, the heir must contact the credit institution directly and submit an application to search for the deposit. The service is provided free of charge.
Entering into inheritance into a bank account
Heirs cannot fully dispose of the property of a deceased person without proper documentation. Deposit is no exception.
To receive money, you must submit the relevant documents to the bank. One of them is a certificate of inheritance.
To obtain it, you must contact a notary. 6 months are given to enter into inheritance rights . Missing deadlines may result in loss of advantage over other applicants.
Which notary should I contact? An application for acceptance of an inheritance is submitted at the place of registration of the deceased citizen (Article 1115 of the Civil Code of the Russian Federation).
Deadlines for receiving funds
The testator's contribution must be applied for within 6 months from the opening of the inheritance: after the death of the testator, after he was declared dead in court. The legislation also provides for an extension of deadlines in case of refusal of an inheritance or non-acceptance of it by another heir for various reasons (Article 1154 of the Civil Code of the Russian Federation).
If the heirs do not meet the allotted deadline, the deposit becomes escheated and transferred to the state account. Reinstatement of the period is possible if there is a good reason.
The bank's responsibilities do not include searching for heirs. You can obtain information about your existing deposit by submitting a request through a notary.
Marital share
If a deposit was placed in a bank during marriage, then such property is the joint property of the spouses. Consequently, half of the funds must be allocated from the inheritance.
The action is carried out at the request of the living spouse. The remainder of the funds goes to the recipient named in the will. If the spouse wishes to refuse to allocate his share of the property, then another application is submitted.
Example. After the man's death, a monetary contribution remained. During the process of registering an inheritance, a testamentary disposition for a daughter from her first marriage was revealed. For unknown reasons, the head of the family disinherited his wife and their common son. However, the deposit was placed during the marriage. Therefore, the wife was entitled to half of the joint property. There was no evidence that the money was the personal property of the deceased citizen. At the request of the wife, the notary allocated her part. The remainder of the deposit was inherited by the testator's daughter.
Registration process
According to the Civil Code of the Russian Federation (Chapter 62, Article 1128), a testamentary disposition for a deposit can be drawn up at a notary or at a bank branch.
Through a notary office
Like a regular will, the form of a testamentary disposition for a deposit in Sberbank can be certified by a notary. The procedure is as follows:
- fill out the form according to the provided sample;
- together with the order, identification card and passbook, go to the notary;
- pay for his certification services;
- receive a certified order;
- take the document to the Sberbank office.
The cost of the procedure will be 700-1000 rubles per order.
But keep in mind that when drawing up a document independently, the testator may make a mistake, in which case Sberbank may refuse to accept it. Therefore, it is better to contact the department directly and perform the operation there.
Through the bank office
You will need a standard set of documents:
- passport;
- data of the heir (or several heirs);
- account (deposit) details.
The owner of the deposit just needs to come to Sberbank and declare that he wants to leave a testamentary disposition. The specialist will provide a ready-made form and help you compose the text on the spot.
Then the order is signed and endorsed by a bank specialist and remains in the branch. From a legal point of view, a Sberbank employee visa is equivalent to a notarization.
The entire operation is completely free.
Procedure for receiving money
The conditions and procedure for receiving money can be prescribed in a testamentary disposition. Often grandparents transfer their savings to their grandchildren.
Therefore, restrictions may be set for young children. For example, withdrawals are allowed after heirs reach 18 years of age.
Additionally, the order may contain a clause regarding the payment schedule. This approach helps prevent premature waste of funds.
If the deposit is the only property of the deceased citizen, then in order to receive it, the heir needs to contact the bank. You must have with you:
- civil passport of the heir;
- papers confirming the death of the testator;
- agreement (passbook);
- certificate of inheritance.
Money is issued at the request of the recipient. He has the right to receive not only the funds on the deposit, but also all interest accrued during the validity period of the agreement.
The basis for the issuance of funds is the order of the testator. Legal representatives act in the interests of minor citizens. However, to receive the inheritance of a minor child, permission from the district guardianship department will be required.
If there are other heirs, certain difficulties may arise. For example, if citizens are identified who are entitled to a mandatory share of the inheritance (Article 1149 of the Civil Code of the Russian Federation). Such persons may claim part of the testator’s property regardless of the contents of the order/will.
Nuances
The owner of the deposit can fully dispose of it at Sberbank, taking into account the following points:
- If the testator is legally married, then his spouse is entitled to half the money, since the funds will be considered joint property. In fact, it will be possible to draw up a testamentary disposition for only 1/2 of the deposit.
- Categories of citizens entitled to an obligatory share of the inheritance in accordance with Art. 1149 of the Civil Code of the Russian Federation, will have the right to part of the contribution even if there is no mention of them in the text of the order.
- If several documents were drawn up, only the last one will be valid. If it is cancelled, the previous one will take effect. A testator who does not want the previous disposition to be renewed must mention this at the stage of drawing up the document.
- Data on the existence of a testamentary disposition can be indicated in a notarized will. When opening an inheritance, the notary will send a request to the bank to verify the information. Bank employees are required to provide a response signed by the manager within 30 days, but thanks to the creation of Sberbank’s electronic database, a response can be received in 1-2 days.
It is better to manage funds in the bank during your lifetime, especially if the amount of savings is so large that it can cause litigation and enmity between relatives. The procedure for registering an order is not complicated, nor is the receipt of funds by the heirs. However, a number of nuances may go unnoticed when studying the issue: the share of compulsory heirs and spouses, features of the distribution of funds between relatives.
Heirs may also face difficulties: how to find out where the deposit is; where to go; How to reimburse expenses for burial and pre-mortem treatment of the deceased? The lawyers of the website ros-nasledstvo.ru will help you figure it out. Planned actions are the key to success when drawing up a testamentary disposition and receiving a cash deposit from Sberbank according to it.
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