Is it possible to rewrite a will at a notary or replace it with a deed of gift?

What is a will

The written will of a person with the intention to transfer his property and financial resources to certain persons after death is called a will. The regulatory framework allows for the distribution of inheritance among citizens regardless of the degree of relationship. Sometimes situations arise when the interests of legal spouses and relatives who wish to initiate cancellation are violated.

In Russia, it is allowed to bequeath your property by drawing up the following types of will:

• standard from one person;
• collective from spouses;
• a testamentary order on the transfer of monetary assets, drawn up in a financial institution;
• inheritance agreement.

The latter is characterized by the obligations of the successor in material and non-material terms during the life of the testator. Their execution is followed by the transfer of the inheritance specified in the contract under the will after the death of the testator. Such an agreement can be executed by one person or two spouses. In the second case, the inheritance first passes to the second spouse, and after his death is subject to transfer to other legal successors.

Conventional testamentary orders involve the direct transfer of an inheritance or involve the beneficiary's fulfillment of personal or socially important requirements (testamentary assignment). The text may contain a mandatory condition for the creation of an inheritance fund after the death of the compiler, the management of the property and assets of the testator and the allocation of shares to the heirs.

The law always takes into account the needs of vulnerable categories of the population. Therefore, if people close to the testator were dependent on him due to minority or incapacity, then the obligatory share will be transferred to them. Its size is equal to half of what is required for division under the law.

The order may include any circle of persons involved. This includes not only the recipients, but also the executor (or executor). The certification procedure requires the possibility of connecting witnesses. Moreover, it can take place in an open manner or in a closed format, when even a notary has no right to get acquainted with the contents of the document and cannot read a single word from it.

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?

Is it possible to revoke a will?

The discussion about whether it is possible to cancel a will for an apartment and how to do this can only happen if it is characterized as contestable. Here it is worth distinguishing between the concepts of a voidable document and a void document. The second cannot participate in the inheritance case, therefore it is not subject to cancellation by the judicial system. The main reason for nullity is the lack of notarization.

Where to go to cancel a declaration of will

Whether there is a will for an apartment or other inheritance can be found out from a notary when opening an inheritance case. After the death of the testator, citizens contact a notary office in the area of ​​​​opening an inheritance, having prepared documents confirming their identity, the fact of death and the degree of relationship with the deceased.

After reviewing the submitted documentation, the notary checks whether the will is in the database and whether it can be used for those who apply. In case of disagreement with the last will of the testator, the legal successors have the right to file a claim in court, providing compelling evidence for cancellation. Writing a statement on this matter and preparing applications are subject to the regulations of Art. 131-132 Code of Civil Procedure of the Russian Federation.

Consequences of cancellation for the testator

The question of how to revoke a will is quite legitimate. But if the author was of sound mind and expressed his desire, then it cannot be canceled (barring errors in the justice system). The proven fact of falsification of the document or the presence of other grounds for cancellation indicates that the last will of the testator will not be violated.

The result of the cancellation of the paper drawn up by the testator will be the division of the inheritance between the relatives and the spouse. In this case, the inheritance will not go to other persons or to the state budget, but will remain in the family. But this applies to annulment after the death of the testator on the initiative of interested parties.

A will that has been revoked in whole or in part not only in court, but also by a subsequent will drawn up by a citizen later, cannot simply be renewed. To do this, you will again have to involve a judicial appeal.

How to revoke a will after the death of the will-maker

Cancellation takes place in court. In case of cancellation, the plaintiff is often the applicant for the inheritance in the order of legal division (husband/wife, children or other relatives). Such operations occur only after the death of the testator, because until that moment the inheritance is not considered open and the will is not considered to have entered into force. Therefore cancellation is not possible.

In addition to a standard will, there is the option of concluding an inheritance agreement and its execution by the party to the inheritance during the life of the testator. Cancellation of this document is possible during the lifetime of both parties to a bilateral transaction. The only difference is that the alienator has the right to cancel it in a free format, and the acquirer does this exclusively through the court.

Conditions under which the court can make a positive decision

Cancellation is made based on Art. 1131 Civil Code. There is no clear listing of the grounds for contestability. Each situation is considered individually and largely depends on the nature of the documentation provided. For example, proof of the testator’s insanity at the time of drawing up his will, a fraudulent method of drawing up a document, coercion to write it, etc.

Typos and spelling errors in the text cannot be a reason for cancellation, but unclear presentation of the text with the inability to clearly interpret its meaning is such a reason. Sometimes heirs are faced with the question of how to cancel a closed will, since it is drawn up without the censorship of a notary.

Inheritance procedure after a will is revoked by the court

After a positive decision on cancellation is made, the plaintiff goes to the notary, notifying him of the further distribution of the inheritance according to the law. Here it becomes possible to write an application for acceptance of the inheritance with a request to issue a certificate with such a guarantee. This is allowed if the notary has regarded the candidate as a first-priority candidate or a representative of another current queue.

Statement of claim to contest a will

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How to make a closed will?

Filing a closed will is a complex procedure. Whether the heirs will be able to challenge it in the future depends on how competently the order is drawn up. There are cases when closed wills are invalidated. In this case, inheritance occurs within the framework of the law - according to order and relationship. Therefore, you need to approach the process with full responsibility. If it is difficult for you to draw up a closed will or you are afraid that it may be challenged, contact the lawyers of our portal for help.

Procedure for compilation

A closed will is drawn up in the following order:

1. Draw up a closed form order.
2. Apply your personal signature and surname.
3. Place the completed will in a white mailing envelope (no blots, marks, or shading).
4. Find two witnesses - not from among the heirs or their representatives (for example, friends or work colleagues).
5. Contact a notary's office and report your desire to transfer a closed will.

Witnesses present documents and put their signatures on the first envelope with the will

Please note that the text must be familiar only to the originator - neither witnesses nor the notary open the envelope. Then the notary places the envelope with the closed order into the storage envelope

Next comes certification with the signature and seal of a notary, namely:

• information about the testator;
• date, place of adoption of the document;
• personal data of witnesses (full name, registration address and passport details).

When transmitting the order, the notary explains to the testator his duties in relation to compulsory heirs (Article 1149 of the Civil Code of the Russian Federation). A special note about this is made on the second envelope, even if the testator did not include such persons in the will. Let us remind you that the obligatory share is half of the share according to the law. It is provided to the disabled mother, wife, children and dependents of the testator.

The final stage of the procedure is the issuance of a certificate that confirms the notary’s acceptance of the closed order. The testator has the right to transfer this document to potential heirs or the executor - the administrator of the property (Clause 1 of Article 1134 of the Civil Code of the Russian Federation).

Check out the sample certificate:

Documentation

When drawing up a closed order, only the testator’s passport is required. The duty of a notary is to establish the identity of a citizen and verify his legal capacity. Often, a notary requires a certificate from a psychoneurological dispensary - about the person’s sanity, the absence of mental illness, clouding of the mind, disorders, etc.

As for witnesses, they also need to have identification with them:

• passport;
• certificate of a military serviceman, long-distance sailor;
• temporary residence permit (TRP);
• residence permit (residence permit).

Otherwise, the notary will not accept the order from the testator.

The main package of documents will need to be provided after opening the envelope with the will. The order will determine the composition of the heirs, the list of property assigned to them, and the possible conditions of the testator. The details of the inheritance will be announced by the notary.

Below is a sample closed order:

Timing of opening

The death of the testator starts the procedure for inheriting his property. If the deceased left a closed will, the deadline for opening the order is no later than 15 days from the date of death of the owner. This can happen either the next day or on the 14th day after the opening of the inheritance. The notary notifies all applicants and begins reading the closed will.

What is the price?

When drawing up a will, the testator will have to pay a state fee - its amount is 100 rubles (clause 13, clause 1, article 333.24 of the Tax Code of the Russian Federation). The rate is the same for all types of orders, regardless of their form and purpose. The costs are borne by the testator (owner).

The legal successors bear another type of expense - opening the envelope with the closed will and reading the text of the order. The cost is 300 rubles.

Notary services are subject to separate payment - the amount of remuneration is not taken into account when deducting the state duty. The cost of technical and legal services (TCL) must be clarified with a specific notary at the time of drawing up the order. Rates vary in different regions of the country. For example, for St. Petersburg, the cost of services can reach up to 2,900 rubles.

If the testator decides to change the text of the will

A testator is a person who has the right to change or revoke a will at any time in his life. Cancellation can be made either by issuing a special notarial decree or by using an updated document drawn up by a notary. It's easier to change the text using the second method.

What does the procedure involve?

A new copy, when certified by a notary, cancels the previous one partially or completely. In case of partial inconsistencies, both versions will be used for inheritance. Cancellation and modification of a will in the form of an order left at the bank regarding the transfer of funds is carried out by the author who compiled it only by the same order.

Changing the circle of people

The last will of the testator implies the presence of a circle of persons personally determined by him. They can be not only the intended beneficiaries, but also the executor. The testator can revoke a collective will drawn up with his spouse for the subsequent writing of a sole expression of will.

A change to a will is made in connection with the following circumstances:

• damaged relationships or the death of one of the defendants;
• the birth of another contender;
• desire to exclude or add an artist;
• changing a collective will to one written in one’s own name.

Each notary notifies testators about the allocation of a mandatory share to their dependents, regardless of the will. But in this case, it may turn out to be less than the testator would like. Moreover, such circumstances require confirmation of the status of one’s right to inheritance. Therefore, the optimal way is to write a new will.

Redistribution of inheritance

This is a pressing question after some time due to the loss of some property or the acquisition of a new one. For an adequate division of the inheritance between appointees, it is necessary to redistribute the shares in accordance with the current financial condition of the owner. If he becomes significantly enriched, he may want to make a provision for the creation of an inheritance fund.

Changing orders made under pressure

This situation can happen. However, it is worth considering that the certification procedure is carried out in the presence of a notary, so physical pressure from third parties at this moment is excluded. This can be psychological pressure on both a healthy and not quite sane person. Cancellation occurs through the court.

Entering additional orders

If a citizen has additional financial resources, he can store them in the bank by writing a special testamentary disposition, which will be considered along with the one drawn up earlier by the notary. In another case, it is proposed to draw up a new single copy for all positions of the hereditary mass.

Cancellation of an order

Cancellation of individual orders may concern any issue: the nature and size of the share, the appointee to whom it is intended, etc. If the main text of the document remains in its original form, and the changed part does not affect it in any way, then such a separate order is considered cancelled.

Requirements that a person must meet when changing a will

To cancel, the client should simply contact a notary at any time in his life. However, given his advanced age, the notary may request a medical report on the health status of the applicant. This is necessary to eliminate the possibility of his incapacity.

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.

Revoking a will written in an emergency

A will drawn up in extreme conditions that threaten a person’s life presupposes the impossibility of visiting a notary. Such a letter (which must be handwritten) remains uncertified. It is equal in legal force to a notarized document if the fact of a threat to life is successfully proven in court.

How to cancel a will of this format? It can easily be canceled by an option certified by a notary if the threat to the testator’s life has passed. This situation does not work in the opposite direction. An uncertified will, written in emergency circumstances, does not cancel the will previously drawn up in accordance with all the rules.

Is a will revoked when a deed of gift is drawn up?

The question of whether a will can be revoked using a deed of gift is controversial. Despite the fact that both documents are drawn up by a notary, they have fundamentally different purposes, and therefore cannot exclude each other. According to the law, the cancellation and modification of a will differ little from each other, and a deed of gift is a document that is drawn up and implemented during the life of the testator. The property specified in it passes to the donee, and the owner loses ownership of it. In the future, he simply cannot pass it on by inheritance (since it no longer belongs to him). If this object is specified in the will, then it is simply excluded from the estate.

Legal grounds for change

Preparing a testamentary document is an important procedure. The execution of the testator’s last will depends on how it is executed. In order for the paper to have legal force, notarization is necessary. The law provides for a case when a citizen is given the opportunity to express his last will in simple written form - if his life is in danger.

Important! When it is not possible to contact a notary, the paper is certified by authorized persons: the head of the prison, the captain of the ship and others.

According to the provisions of the law, owners of movable and immovable property have the right to dispose of it at their own discretion. Human life is unpredictable, and in a few years the last will of a citizen may change, and the will kept by the notary will not suit him. The testator has the right to change the completed will as many times as necessary.

The reasons that prompted a citizen to reissue the paper can be different:

1. The heir died. After his death, the right of inheritance will pass to other claimants. The testator can change the heir by drawing up a new order.
2. Difficulties arose in the relationship.
3. The composition of the hereditary mass or its share has undergone changes. The owner has the right to rewrite the will in order to redistribute property among the heirs.
4. Alienation of property during life (sale, donation).

There is one more point - the imposition of an obligation. For example, the testator initially wanted to leave real estate (a residential building) to specific relatives. The heirs began to spend money irrationally and want to sell the house. In order to prevent this, a person has the right to change the will.

Procedure and methods for changing or canceling a will

How to cancel a will for an apartment or other object by the testator himself? For the revocation procedure, Art. 1130 Civil Code of the Russian Federation. The testator intends to further divide his inheritance within the framework of legal order. To do this, there is no need to include a revocation clause in the new will. This action will occur due to textual inconsistencies identified in the future.

To cancel a will completely by decree from a notary, the client must write a statement during his lifetime requesting the cancellation. After this, the notary draws up the canceling order on a unified state form (similar to a testamentary form and makes changes to the unified notary database.

How many times can a will be rewritten?

Russian legislation does not establish restrictions in this matter, since drawing up a will is the good will of the testator. Freedom at the time of initial drafting is established by Art. 1119 Civil Code of Russia. The ability to rewrite a document is regulated by Art. 1130 GK. It allows you to freely rewrite it at any time and in any part.

To make changes, there is no need to indicate reasons or notify anyone involved in this document. In the event that the latest version of the will on the division of the inheritance is declared invalid by the court (or turns out to be void, which does not need to be confirmed in court), then the penultimate certified copy is used when dividing the inheritance.

Cancellation of will

To cancel, you can contact any specialist. Thanks to the creation of a unified information base and the interaction of notary offices, each notary has access to information on the will. This avoids the targeted and simultaneous certification of two options from one citizen.

If we talk about cancellation through the formation of a new certified expression of will, then it is worth taking into account the main principle that the canceled testamentary copy loses its force automatically when a new one is drawn up, but identical or stronger in nature.

Required documents

The procedure for changing and canceling a will requires that when applying, you must present an identification document, the first testamentary copy (which is also handed over to the testator). Here the client writes the necessary statement, and the notary issues a new order. Then the person is free to leave everything as is or make a subsequent will.

How to write a will for an apartment correctly

When drawing up an administrative document, you need to take into account the legal requirements:

1. Will form. The document is drawn up exclusively in writing. Oral transactions regarding inheritance are considered invalid.
2. Notarization of a document. Moreover, 1 sample remains with the notary, and 2 is given to the testator.
3. The purposefulness and clarity of the will of the testator. When reading the document, it should be clear that the citizen is transferring property to beneficiaries in the event of his death.

The administrative document must contain:

• place, date of compilation;
• Title of the document;
• citizen registration address;
• passport details (series, number, date of issue);
• information about the testator;
• the essence of the order;
• list of property to be signed off (location);
• list of applicants (full name, registration addresses);
• designation of the shares of property that are due to the heirs;
• document number (for notary forms);
• link to familiarize yourself with the text of the document;
• proof of payment of state duty;
• signature of the testator, transcript of his surname.

The contents of the will depend on the preferences of the testator, the volume of the inheritance, and the number of claimants to the property.