The disposal of inheritance is always a responsible decision, so many seek to protect their property from possible disputes and ensure the heirs the greatest guarantees. The order of inheritance by law does not always coincide with our plans, which is why it is worth paying attention to the preparation of the will during life.
As a rule, in the will, specific persons are indicated, usually close relatives of the testator, which, due to the fulfillment of certain conditions or beyond those, have the right to share the deceased. In addition, the will may indicate the deprivation of one or several heirs of ownership of the property of the deceased relative and other orders for the property. The testament enters into its strength only after the death of the testator, but while the owner of the inheritance is alive and is capable, the testament can be repeatedly changed or completely canceled if the testator is desired. Entry into the rights of inheritance occurs six months from the day the testament announcement.
Anas Elmurzaev
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However, even if there is plenty, circumstances are possible, in which the testament can completely or partly lose its strength or be challenged, which means that property will go to the ownership of not the person who, by the will of the testaist, is intended. For example, the testament can be considered invalid in the event of non-compliance with the form and procedure for making a testament. In addition, the testament may lose its strength if after the death of the testator will be proved by its insaneness or mental deviations.
Even if the testament is drawn up in the right mind and solid memory and is certified in accordance with the law, part of the property of the testator, however, can move away to persons not specified in the will, subject to their disability. Such faces can be minor close relatives, disabled parents or spouses, as well as other disabled dependents of the testator.
These and many other circumstances are a reason to secure property from redistribution. The best way for this is the registration of domestic. In contrast to the will, a gift - this is an agreement that implies the entry into the right of ownership during the life of the donor, thereby excluding possible judicial disputes after his death. The gift can be compiled regardless of related links, in contrast to the testament, the gift allows us to place a sealing of property on foreign legal standards of man.
Unlike the will, the gift is a contract that implies the entry into the ownership of the donor
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Announced or challenge the grated is extremely difficult even in court, since such a contract loses its force only if pressure or physical impact on the donor (Article 578 of the Civil Code of the Russian Federation) will be proven.
The cost of execution of the granting approximately commensurate with the design of the will, but the property transferred to the contract of donation is subject to 13% income tax on the market value of real estate or another property object, which is paid to the apparatable after the transfer of property. The exception is children under 18 and close relatives of the donor.
Thus, the testament leaves greater freedom of action and allows to protect the owner of the property, which until the recent day remains the owner of housing or other inherited values, but the gift guarantees one hundred percent confidence in the transfer of property to a beloved person without delays and the opportunity to challenge his right to a valuable gift.