A will is a special document, according to which the rights and obligations of a person related to property, after his death pass to the persons indicated in it.
According to the law, any person can leave part of his property or its entirety to absolutely any person or several persons, regardless of whether he is in a family relationship with them. (CC. RF. Article 1119).
When does it start validity of will and how long does it last?
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Features of inheritance
Inheritance is declared open the day after the death of the testator. (CC. RF. Article 1114).
Civil Code Article 1114. Opening time of the inheritance
- The time of opening the inheritance is the moment of death of a citizen. When a citizen is declared the dead day of opening the inheritance is the day the court decision on declaring the citizen dead enters into legal force, and in the case when, in accordance with paragraph 3 of Article 45 of this Code, the day of the death of a citizen is recognized as the day of his alleged death, the day and time of death indicated in a court decision.
- Citizens who die on the same day are deemed to be dead at the same time for succession and do not inherit from each other if it is impossible to establish the moment of death of each of these citizens. In this case, the heirs of each of them are called upon to inherit.
That is why the testator can make changes at any time, revoke it or leave a new one without giving reasons.
Conditions for inheritance:
- immediate onset of human death.
- Recognition of the testator dead in court.
- The birth of the heir after the death of the testator.
- The situation when the primary heir refuses to receive property, which he is entitled to by will.
The concept of the will and the general rules
The will is the only document in which, on legitimate grounds, the testator’s last will can be recorded with respect to the further fate of his property - movable and immovable, as well as shares, securities and other material values.
The form and procedure for the execution of a will require the mandatory expression in the document of the will of only one person - the testator. In one document the expression of will of several persons cannot be indicated.
The will is made and signed personally by the testator. The exception is special cases when, in the presence of certain problems, the testator cannot write the text and sign the document. In such situations, this obligation is assumed by the authorized person possessing these powers. At the time of signing the will, a witness may be present - one or more. In this case, the presence of only an uninterested person is allowed.
The contents of the will must be formulated as accurately as possible.
Data on the heirs must also be present in the document. In addition, property that is part of the hereditary mass must also have an accurate description.
The concept of “free will” is one of the main principles of this procedure. All decisions regarding the size of the shares of the property and the persons to whom the property will be transferred must be made exclusively by the testator. The form of a closed will differs from an open one in that, in the first case, the contents of the will remain known only to its author. Other persons may not be present when writing the text.
When does a closed will take effect?
Closed will - a special document, the content of which is known only to the person who composed it (what other kinds of wills are there?). Neither relatives nor the notary public are aware of the points indicated on the paper. A closed will is sent to the notary public office in sealed form with an envelope.
Video about what a closed testament is and what is its difference from the usual one:
To print it, it will be necessary to provide papers confirming the death of the person who wrote the will, only after that you can receive an inheritance. This is usually a death certificate.
Envelope must be opened in 15 days after the date on which the death of the deceased was recognized by the office. (CC. RF. Article 1126).
The paper is announced in the presence of all the heirs and witnesses.
The form of the will established by the legislation of the Russian Federation
The law of our country has established certain rules, due to which the will will not be declared invalid. First of all, these rules relate to permissible forms of will. According to these standards, the only admissible form of a will is a written one. In this case, no other types of will will be considered lawful, including oral.
At the time of preparation and signing of the testament document, a notary must be present next to the testator. It is he who certifies the document, endowing it with all the necessary legal and legal properties. In addition, a witness may be present next to the testator, if necessary.
In certain cases, other persons may also be present when drawing up the will, for example, a proxy who will sign, etc. The notary must indicate this fact in the will.
In addition, the contents of the will include information about the time and place of its preparation, about the presence of unauthorized persons at the procedure, as well as the addresses of the testator and heirs. If there are several of them, the exact size of the share that will be transferred to him after the death of the testator is indicated for each. In cases where the share of each was not indicated by the testator, each of the indicated heirs will receive an equal amount.
A document written under special circumstances, notarized. (CC. RF. Article 1129). The will is valid when:
- if a person writes it in a situation that is dangerous to his life.
- If, because of being in a special situation, it is impossible to make a simple certified will (how to make a will?).
If a person falls into one of the above situations, a will is drawn up according to the following rules:
- invite two witnesses to the procedure
- He must write this document with his hand and put his personal signature.
- From the contents of the paper it is obvious that it is a will.
When a person dies after making such a will legal proceedingswhich must confirm the existence of special conditions.
Then the will takes effect, but the heirs must have time to declare their rights, since there is not so much time for this.
Types of Will
Making a will is the very procedure for writing, filling out and signing this document. The testator has the right to single-handedly make a will without notifying any of the persons surrounding him. Such a document will be called a closed will. A closed will must be sealed in an envelope and signed personally by the testator. Its contents will become known to other persons only after the death of the testator.
The usual procedure for drawing up a will involves the presence of an authorized person.
The notary puts his signature on the document, thereby certifying its authenticity and legitimacy. The rules for the preparation of a will allow the presence of a witness, if the testator has such a desire.
The witness also puts his signature on the will. Other unauthorized persons, especially relatives of the testator, cannot be present at the signing of the document. In accordance with applicable laws, the execution of a will by two or more citizens is also unacceptable. A document must express the will of only one person. Otherwise, its content will be invalidated.
Dates of announcement after the death of the testator
The notary must be filed an application within six months after the death of a person. The heirs of the deceased do this.
After the notary is notified, he must declare a will within 15 days.
At the same time, two witnesses and relatives should be present. (CC. RF. Article 1126).
The general list of actions for obtaining the inheritance:
- provision by the heirs of a document confirming the death of a relative.
- Appointment by a notary of the date, time and place for reading a will document.
- Publication in the media or sending to the postal address of notifications of the subsequent reading of the document to the relatives and legal heirs of the deceased person.
- Reading a will by a notary in the presence of the persons required for this.
- Clarifications and explanations of the will of the deceased by a notary when such a need arises.
- Drawing up a protocol confirming the announcement. Putting on it the signatures of a notary and witnesses.
- The receipt by the heirs of certified copies of this protocol of inheritance.
Actions during the announcement of a closed will are almost identical. However, the will itself is kept in a special attire by a notary. Testament is in two envelopes, which in turn are opened during the announcement procedure. In addition, before the procedure, the identities of all those present are checked and their family ties are confirmed, and then a copy of the death certificate is made.
Making a will through a representative
The current rules of the Civil Code of the Russian Federation state that every citizen is entitled to dispose of his own property. This document may be compiled by a person who has reached the age of majority and has full legal capacity.
Many citizens have a question about whether a will is allowed to be made through a representative. The legislation of the Russian Federation gives a definite answer to this question - this is impossible. Violation of this rule entails gross violations and, as a consequence, subsequent recognition of the document as invalid. This applies to both closed and open wills.
In cases where a citizen cannot come to the authorized body to prepare and register a will, a notary can provide a personal visit.
The concept of “making a will through a representative” in itself contradicts the principles and norms established by the legislation of the Russian Federation. In this case, there will be no free will of the testator, since the decision will be made by an outsider - a representative. Then the whole point of this procedure will be lost. Such a document will have absolutely no legal force. It can easily be declared null and void in court. In this case, further inheritance will take place in accordance with the law, without taking into account the testator’s will indicated in the testament document.
It is best for people who expect to receive an inheritance to notify the notary as soon as possible in order to avoid having to go to court and not lose their own time. But in some situations the heir, for certain circumstances, is not able to claim his rights or is not at all aware of the death of the testator. What to do then?
- After the will takes effect, the heirs must decide whether they want to become the owner of the inheritance or wish to refuse it (Civil Code of the Russian Federation. Article 1157). According to the law, six months are allotted for this action and they begin immediately after the death of the testator (Civil Code of the Russian Federation. Article 1154).
Civil Code of the Russian Federation Article 1154. Duration of acceptance of inheritance
- The inheritance may be accepted within six months from the date of opening of the inheritance.
In the case of the opening of an inheritance on the day of the alleged death of a citizen (clause 1 of Article 1114), the inheritance may be accepted within six months from the date of entry into legal force of a court decision declaring him dead.
- If the right of inheritance arises for other persons as a result of the heir’s refusal of the inheritance or the removal of the heir on the grounds established by Article 1117 of this Code, such persons may accept the inheritance within six months from the date of their inheritance.
- Persons for whom the right of inheritance arises only as a result of non-acceptance of the inheritance by another heir may accept the inheritance within three months from the date of expiration of the period specified in paragraph 1 of this article.
Moreover, these 3 years do not begin on the day of the testator’s death, but begin when the heir has lost a circumstance by which he did not apply earlier.
Video on the timing of the inheritance:
The order of the will
Existing rules imply a mandatory written form of an open or closed will. To draw up a document, an interested person must visit a notarial chamber. A witness can come along with the testator. The notary is obliged to warn the witness or witnesses about the secret of the will. The witness indicates his data in the will, namely the address of residence, name and other important information.
After the text of the will was compiled and written, the notary once again explains the contents of the document to the testator. In particular, it is necessary to carefully consider the most important data - the names of the heirs, information about the property that is inherited, the size of the shares, the order of their distribution between persons, etc.
After notarization, the will is registered in the corresponding register and in the book of accounting.
He is assigned an individual number. From this moment on, the document has legal force and the concept of “legal” can be applied to it.
After completing the registration procedure and executing a will, the testator retains the legal right to change the existing will, for example, if he wants to change the names of the heirs or distribute the property between them differently. However, the main features and difficulties are that this will require you to go through the procedure again. In this case, the existing will must be completely annulled.
Limitation period - This is a certain period of time after which documents cease to be valid. Since the will is written by order of the testator, it does not have a specific limitation period. And after 15 and after 40 years it will remain relevant and will act.
Video about what to do if the assignee has not inherited for many years:
The main problem is that the longer the heir is not declared for any reason, the more difficult it will be for him to prove the right to own property in court. The proceedings may drag on for several years., because an apartment, for example, can become the property of the state.
Notaries usually write announcements about the owners they are looking for, and applicants can find out about their right to inherit. But more often, relatives themselves try to find out this information. About how to find out if there is a will, we wrote in this article.
So, the will is a very important document, which has its own form, the rules for writing, transmission and announcement and the time during which it must be executed. But he does not have a statute of limitations, which allows distant relatives or people in special life situations to contact him as much as possible and exercise their rights to own property.
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How to make a will in a hospital - the procedure and rules
Making a will in a hospital is not a complicated process. Its order and rules are simple and maximally adapted to critical situations. The first part of article 1127 of the Civil Code of the Russian Federation indicates that deputy chief physicians, as well as chief physicians themselves, can legally certify the form of testamentary acts of citizens in hospitals. In addition to these representatives, the duty doctors of medical institutions can also issue and approve a will.
When drawing up a testament document in a medical institution, some rules should be taken into account:
- Be sure to indicate the city, time, date, fully testator and his registration address,
- The position and data of the hospital employee who must draw up and certify the document are indicated,
- Corrections are made to the document. However, they must be carefully crossed out and certified by both parties,
- Full Name testator. Relevant information must be written clearly. If a citizen can only lie and is not able to write on his own, then, as a rule, he is assisted by a handler,
- The will in the hospital must be certified and executed in 2 copies: one form to the notary public, the second to the testator.
Judicial practice shows that minor departures from the procedural order in emergency cases are permissible if they do not change the meaning of the statement.
Hospital will form - sample
A document on the right of inheritance in a medical institution must be drawn up and certified in accordance with standard legal procedures with which hospital staff should be familiarized. A single sample of the order of inheritance drawn up in a medical institution does not exist. This is due to the fact that it can change, based on the following circumstances:
- Physical condition of the patient,
- The number of heirs
- Forms, rules and order of registration of the testator’s apartment or other property.
- However, the inclusion of key points in the content of the act is a must.
Testament in the hospital - who can certify?
The legislative procedure gives the right to chief physicians, their deputies and medical doctors on duty to certify the will of patients whose cure is in question. The medical institutions that can draw up and certify the forms of inheritance papers to patients include:
- Other stationary open and closed medical institutions,
- Homes for the elderly, disabled.
The provisions of the Civil Code of the Russian Federation determine that when drawing up testamentary documents without notarial registration, it is necessary to have at least 1 witness, and with a closed inheritance statement - 2 witnesses.
The patient always has the right to invite a notary to the hospital to certify and draw up a document of inheritance with his help. This action reduces the likelihood that one of the patient's relatives will challenge his decision in court and find out the details of his stay in the hospital.
Registration of wills in a hospital
For medical institutions there is no provision for separate procedures, rules, forms for the registration of documents of a hereditary nature, therefore it is necessary to certify and draw up these acts in accordance with general rules.
In the application for the right of inheritance, next to the certifying signature of the official of the medical institution, the serial number of the entry in the hospital journal of outgoing correspondence is indicated.
Closed will in the hospital - design features
If the patient is able to write independently, then he can draw up a closed will and assure him of his signature. This type of inheritance document implies its secret handwritten writing by the testator.
After writing the order in a closed form and signing it, the document should be placed in an envelope, which is immediately sealed. Two independent witnesses make signatures on top of the envelope and it is packed in another envelope, which should also be sealed.
On an external closed envelope, the medical officer certifying the act must indicate the place, date of its preparation, his position, personal data, as well as information and address of the witnesses.
A sealed closed outer envelope is registered in general order as outgoing correspondence and sent to a notary public. After that, it can be equated with an official testament statement.
In the Russian Federation, doctors are poorly informed about the legal intricacies of preparing testamentary statements and often cannot properly execute them. Therefore, it is recommended to draw up these documents in advance with a notary public, although in this case it is necessary to pay the cost of a lawyer. Remember that a pre-compiled document on the inheritance will save you and your loved ones nerves at a critical moment.
Who can make a will, requirements
A will is a regulatory document by which the property, property rights and obligations belonging to a person are distributed after his death. This is always a written document that is executed by a citizen (testator), is notarized and is a unilateral act expressing the will of the testator in relation to his property. The will can be made:
- in relation to all property available on the day of drawing up the document
- in relation to existing and acquired in the future (special wording is used)
- in relation to specific objects (apartment, car, stocks, jewelry, etc.). In this case, there will be several wills.
Requirements for the testator: at the time of preparation of the document it must be an adult capable citizen. He expresses his will only personally, to make a will through a representative, incl. by general power of attorney or any other, it is impossible. You can only deal with your property and on your own behalf. A testament cannot be drawn up by two or a group of persons.
- writing form. No oral statements, incl. with witnesses, in our law are not testamentary dispositions.
- notarization. In addition to a notary public, officials of local self-government and consular offices of the Russian Federation are entitled to certify the document (in cases expressly permitted by law). The following shall be equated to a notarized will:
- testamentary disposition of rights to funds deposited in the bank, signed personally by the owner of the deposit and affixing the date of drawing up in the presence of the bank employee in accordance with banking rules
- when the testator is in any inpatient medical institution (hospital, hospital, etc.) for treatment, the head doctor, his deputy for medical part, the doctor on duty of such an institution can certify the document
- when in a nursing home or a disabled person, a will can be certified by a director or head physician
- when the testator is in prison, the document is certified by the head of the institution
- military personnel may apply for a testament to the commander of a military unit, and if a notary is not present at this unit’s location, the commander can also be certified by civilian personnel
- employees of reconnaissance, arctic, antarctic or other similar expeditions can certify the will with the signature of the head of such an expedition, Russian antarctic stations or seasonal field bases.
In writing without a certificate, a testament in emergency circumstances (a clear threat to life) is allowed, provided that the administrative instructions are drawn up and signed by the testator himself in the presence of two witnesses.
- the date of preparation of the document and the place of its certification are indicated on the document (except for a closed will).
We make a will, a sample
Immediately make a reservation that the contents of the will is a secret, and the testator himself decides whether to disclose his will to others. But he has the right to keep secret even for a notary public and issue a closed will (Art. 1126).
So, the document is drawn up by the citizen himself or is written with his words by a notary. The use of technical means is allowed (however, if the prospect of litigation between relatives is clear, it is better to draw up a document by hand).
The model of the will differs depending on the composition of the property in respect of which the orders are left. If this is all property, the document should look like this.
Samara city, Samara region, Russian Federation
Fifteenth of October two thousand and seventeen
I, Shepenko Zakhar Viktorovich, was born on March 20, 1976, passport series 1324 number 368765, issued by the Oktyabrsky District Department of Internal Affairs of Samara on March 10, 2004, residing at the following address: Samara Region, Samara, ul. Rabochaya, house 47, with this will I make the following order:
- All my property, which by the day of my death will turn out to belong to me, whatever it may be and wherever it may be, I will bequeath to my daughter, Shepenko Alena Zakharovna, born on April 9, 2001.
- The contents of Article 1149 of the Civil Code of the Russian Federation I know.
- The text of the will is written by me personally.
- This will is made in two copies, each of which is signed by the testator with his own hand. One copy of the will is kept in the affairs of the notary of the city of Samara, A.V. Lunina, and another copy is issued to the testator Shepenko Zakhar Viktorovich.
Signature: Shepenko Z.V.
Be sure to indicate familiarization with art. 1149 of the Civil Code of the Russian Federation on the right to an obligatory share. When making a will in relation to a particular property, its individual characteristics and full name are indicated. and date of birth of the heir. If the document is prepared by a notary according to the testator, there will not be any special problems - it is enough to pay for the provision of the corresponding notarial service.
If desired, witness (s) can be present when preparing an open will, and when preparing a closed will, 2 witnesses must be present (who must be capable, not illiterate, speak the language of the will, and not be the heir or his spouse, child, parent )
Who can challenge a testament
The basis for the cancellation and amendment of the will may be the will of the testator himself (he has the right to do so at any time at will). At the same time, he can draw up a special document on the cancellation of the will (according to the same rules as for the will), or he can dispose of his property in a different way.
After the opening of the inheritance, a will may be declared null and void in court. A plaintiff may be a person whose rights are violated by a will (legal heir, etc.). Moreover, the invalidity rules apply to both the document as a whole and its individual parts. The basis is a violation of the form, order of certification, signing of the will, etc. Judicial practice is very extensive.
Thus, a will, a sample of which is simple enough to find on information resources, must be compiled and certified according to strict rules, in violation of which the document can be challenged by filing a statement of claim.
After the death of her mother, with her father alive, the older sister inherited. Not informing other relatives. After the death of the pope, it turned out that she allegedly had a will for the inheritance that had opened. This is the inheritance of the grandmother and part of the inheritance of our parents. I did not see the will signed by my father; my sister submitted a copy of the property certificate to the court. How to make a statement of claim for the allocation of a share in the inheritance due by law?
The sister was not supposed to inform other possible heirs of her entry into the inheritance, to show everyone a will and in other ways to report on her actions. If there are grounds, you have the right to contact the notary public for the entry into the inheritance.