How to draw up a will for a bank deposit

However, before it was even simpler, because such a deposit could be opened like a regular deposit. But the Civil Code underwent some changes in 2002, which also affected the issue of inheritance.

Now, to receive a bequeathed deposit, a passport, death certificate and savings book are not enough. All documents must be certified by a notary.

Our Russian person is a subject who not only plans to live forever, but clearly does not intend to think about the end of his life. But you will probably have to think about it at least once, because making a will is the responsibility of every person. Moral duty to his family. It turns out interesting: in our time, the most popular form of will is associated with a deposit.

Main points and features of a testamentary disposition

“Keep your money in savings banks,” said the hero of the film “Ivan Vasilyevich Changes Profession” and for good reason, because the funds that were or are in deposit accounts can be inherited, bypassing two legally established methods.

A special type of will is a testamentary disposition, which is issued both to a family member and to a stranger (acquaintance).

Due to the absence of bureaucratic delays, this document can change its content an infinite number of times without incurring significant financial losses to the owner.

One of the features of this type of inheritance is the indisputability of the order. Although the will itself can be appealed in court, and the list of heirs may change beyond recognition. The depositor has the right to draw up new types of orders, provided that the previous ones are cancelled.

There are absolutely no restrictions regarding the drafting of a document in relation to one or more contributions. The only condition in this regard is that such an order is valid only within one bank. If deposits are placed in different banking organizations, then a separate order should be issued.

The loss of such a basis for withdrawing cash from the account is a necessary condition for contacting the appropriate department to obtain a copy. The head of the branch will certify the copy and hand it over to the heir after the owner passes away.

You can use the services of a notary (this action will be relevant if you are not sure in which bank the account was kept or there is a possibility of placing financial assets in other financial organizations).

The notary will resolve the issue without charging a fee.

Drawing up a will for a deposit at Sberbank is easier than drawing up a will with a notary (both in form and content).

The correct execution of a will is carried out upon presentation of not only an identification document, but also upon presentation of documents for a bank deposit.

If the will indicates non-relatives, then such a document can be challenged, which is directly opposite to the principle of testamentary disposition. Funds must be issued regardless of the degree of relationship. But there is one very important similarity - the presence of dependents who must inherit a certain part of the entire property, including money.

Certification of the will is not required if the heir is sure that the order has been drawn up.

It is very difficult to answer this question unambiguously, since everyone must choose for themselves what conditions should be followed when transferring property by inheritance.

• If everything is being formalized at the same time and there are close relatives among the applicants, then, of course, you should contact a notary.
• In the case where it is not expected that the manipulations should be certified by an official body that will subsequently charge a fee for issuing a certificate of inheritance, then you should choose the option of contacting the Sberbank office.
• Thus, funds are released from tax burdens.

To transfer money or other assets held in a bank, you can create a testamentary will. This document certifies the rights of the heirs, along with the will.

Difference from will

One of the main differences between a testamentary disposition and a will is the ease of drafting. It is done absolutely free of charge if you decide to contact a bank rather than a notary.

The main text has already been written. Also, you can make notes that the heirs will read.

How to apply

To register a testamentary disposition, contact a bank or a notary. The writing procedure is similar to a will. Naturally there are some significant differences described above.

The owner of the savings decides where to apply; he has the right to determine the content of the text and the date of its compilation.

The recipients of the order are a certain circle of persons indicated in the text of the document. They may not be relatives of the deceased.

Based on Russian laws, a testamentary disposition can be drawn up in several ways:

• in any of the Sberbank offices
• at the notary

To draw up an order at the bank you must:

• Come to a Sberbank branch with your passport and inform the bank employee of your desire
• You need to have a deposit agreement or passbook with you
• The depositor bequeaths his financial property in the presence of bank employees, filling out the order form prescribed by law
• Employees accept and register the depositor's application at the bank

As we wrote above, the same can be done, if desired, at a notary’s office, where they will do the entire procedure described above for you. You will also need to have the above documents with you.

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It is necessary to immediately contact a notary for the testator’s relatives to enter into the inheritance, because if no one contacts the bank within 6 months, the testator’s money will be automatically transferred to the state. Otherwise, after this period, you will have to prove in court that you did not have the opportunity to appear before the notary or learned about the death of a relative very late.

Few people know, but the heir, even before full assumption of rights, has the right to withdraw up to 40,000 rubles from the testator’s account for organizing a funeral or for providing medical services to the investor. To do this, the notary must provide a special document on the heir’s right to reimbursement of expenses.

A depositor can bequeath all his funds and assets in the bank:

• individuals
• legal entities
• organizations and institutions
• to the state

How to get money from the savings account of a deceased relative

If the owner of the funds in the bank did not manage to draw up either a notarized application for the division of the inheritance or a testamentary disposition, then the legal successors of the finances of the owner of the deposit in the bank are his immediate relatives, who are his legal heirs. A testamentary document can be drawn up not only for relatives of the owner of the deposit, but also for an outsider.

1. If the deceased has not drawn up a statement, then the legal relatives have 6 months to contact a notary at the place of residence of the owner of the deposit to formalize the entry into inheritance rights.
2. A testator, having once drawn up a testamentary disposition, can easily make repeated changes to this document and is not obliged to report to anyone for this.
3. If the testator has drawn up both a testamentary disposition in a bank and a notarial will at the same time, then the document that was drawn up later than the others has legal force.
4. According to the current legislation, relatives of the deceased have the opportunity to enter into inheritance rights with funds stored in a savings book: by will, by bank testamentary order and “by law”.
5. According to the law that came into force at the beginning of 2006, property received as a gift and inheritance from relatives is not subject to any taxes in Russia, unlike in a number of other countries.
6. However, despite the absence of direct tax payments, you will still have to pay to enter into inheritance rights: firstly, these are notary services, and secondly, a state duty in the amount of 0.3% -0.6% of the value of the inherited property, depending on degree of relationship between the testator and the heir.
7. Many conscientious investors, especially older people, take care of the well-being of their relatives in advance - they draw up a testamentary disposition when opening a deposit in Sberbank.

When a relative who has at least some property (dacha, car, garage, money) dies, the question of inheritance inevitably arises. How is the property of the deceased, in particular bank deposits, divided? Now we’ll talk about how to register an inheritance for a deposit.

Let's make a reservation right away: part three of the Civil Code of the Russian Federation (Civil Code of the Russian Federation), which talks about inheritance, establishes the order of inheritance in the event that there is no will.

The last thing you want to think about is money when something bad happens to a relative. But no one has canceled the prose of life. ?

A will is made by a person who has reached the age of majority and is fully capable. If after his death it turns out that the person at the time of writing was not aware of his actions, then the will will lose legal force. Although it is, of course, difficult to prove this after the fact.

Today we have a not very pleasant article on our blog, but still very important for many people who find themselves in this situation. Because this is connected with banks, mainly with Sberbank. We decided to write about a solution to this problem.

We often find ourselves hostage to situations in which, without observing and complying with a number of legal norms and rules, we cannot make transactions, receive an inheritance, or dispose of the deposits of close (and not close) relatives.

Legal grounds of the Civil Code of the Russian Federation

It became possible to bequeath funds after the introduction of Article 1128 of the Civil Code of the Russian Federation. Previously, deposit funds were not included in the inheritance estate. It is important to keep in mind that a testamentary disposition can also be drawn up for the accounts of individual entrepreneurs, which were opened by them not for accumulating finances, but for conducting business activities.

In 2002, the Government introduced a Resolution regarding the Rules for the execution of testamentary dispositions that are placed in banks. This is a kind of step-by-step instruction that instructs bank employees to carry out certain manipulations in receiving orders, assisting in filling out and issuing copies.

Moreover, the current legal regulation of this method of inheritance does not exclude the need to present the right to inheritance. If at the time of execution of the will it is not known whether there were deposits and whether an administrative act was drawn up on them, then when registering the main share of the inheritance, the notary will search for the deposits in order to transfer them to the addressee.

Testament of a bank deposit (passbook)

If, after six months after the date of death, no other heirs are identified, you will receive a Certificate of Inheritance from a notary. By contacting the banking institution where the deceased had an account, you can receive the inherited money.

Before the entry into force of the Civil Code of the Russian Federation, Part Three, on March 1, 2002, the provisions of Article 561 of the Civil Code of the RSFSR were in force, on the basis of which the account owner - the depositor could make an order to pay money from the deposit to a third party in the event of his death.

One of the most common issues in inheritance law is the issue of inheritance of funds. which are at the time of the death of their owner in an account in a bank or other financial institution.

Today, such funds are inherited, like other inherited property, on a general basis. That is, within six months after the death of the testator, you need to contact the notary who is handling the inheritance case and write in his presence an application for acceptance of the inheritance.

Registration for compensation

The procedure for registering a testamentary disposition is covered by the Decree of the Government of the Russian Federation in 2002.

The list of conditions preceding the signing of the form includes:

• comparison of the applying person with the personality of the deposit owner;
• clarification of the provisions of those articles of the Civil Code of the Russian Federation that are devoted to wills and the disposal of deposits by heirs;
• maintaining the secrecy of the will (thus, the circle of secrecy keepers is expanding, and the bank employee who accepts and certifies the order, along with the head of the department, is obliged to conceal the information that is specified in the administrative act).

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The act cannot be verbal, that is, it must only be drawn up in writing and signed personally by the owner of the account(s).

Often, the operator fills out the form, but you can enter your information into the sample if such a model is provided at the bank branch.

But you should still entrust filling out the form to a bank employee, since in this case the risks of errors in account details or in other fields of the application for issuing an order are minimized (you can request documents both online and offline).

According to regulations, it must contain the following mandatory information:

1. Bank branch and date of compilation.
2. Account holder's registered address.
3. Subjects of legal relations to whom the right to receive the contribution after the death of the testator is delegated (can be both individuals and legal entities). Therefore, for each of the groups of subjects it will be necessary to fill out certain details. For citizens - full name, registration address of the heir; for legal entities – name, tax identification number and legal address of the organization.

An important requirement concerns the participation in the disposal of several heirs and the determination of their share. It is normatively established that the absence of shares implies the issuance of funds in equal parts according to the number of persons indicated in the testamentary document.

The testator has the right to establish the conditions for issuance (for example, if at the time of opening the inheritance it is discovered that the heir is a minor, then the age at which such issuance must be carried out can be indicated). No condition may detract from the normative conditions for similar actions.

At this stage, the registration is not completed, since the following manipulations must be carried out to give the act the status of legality:

• registration of the order;
• moving it to a special fireproof metal safe;
• placing a mark in a special account window (optional in the savings book or savings account agreement).

• Compensations are measures of state support (in the context of this article) to persons in respect of whom the testators executed testamentary dispositions before the entry into force of the Civil Code of the Russian Federation, that is, before March 1, 2002.
• How to receive money under a testamentary order for a deposit in Sberbank is of interest to everyone, since it was this bank that refused to issue finances to the heirs, since a certificate of inheritance was not issued for deposits.
• In the modern world, this issue is not difficult, since the legislative framework has been brought to a common denominator, namely, a uniform procedure has been established for all financial organizations controlled by the Central Bank.
• The heir applies to the department in which the testator signed the administrative act.

How to draw up a will for a deposit in Sberbank?

Typically, depositors are interested in the term of the deposit, but older citizens, more often than others, want to find out whether it is possible for their heirs to receive the account after their death. Is it possible to bequeath a deposit in Sberbank or any other bank? How to do this correctly? How to draw up a will in this case?

How to make a will for a deposit?

According to the Civil Code, bank deposits, like other property, can be inherited by law and by will. If the testator is going to bequeath the deposit, this means that in the event of his death, the money will become the property of one heir or a circle of heirs (including legal entities).

A will has the principle of freedom: in other words, the testator has the right to appoint any citizen as an heir, divide property into shares between heirs, and even bequeath a contribution to the state. The only requirement for a will is that it must be drawn up in accordance with all the rules. When bequeathing a bank deposit, this can be done in two ways.

Writing a will with a notary

This is standard procedure. It is necessary to present to the notary your own passport, savings book (and a copy), as well as documents received by the depositor during the registration of the deposit (agreement or any other paper confirming the presence of a deposit in the bank).

You can bequeath a deposit kept in any bank, but account holders at Sberbank receive some advantage: this organization exchanges documentation with the notary much faster, and accordingly, it will be easier for the heirs to receive the property.

The text of the will must contain the following information:

• Date and place of writing of the will;
• The residence address of the testator and his full name;
• Name of the bank, account number, address of the bank branch where the deposit is kept;
• Full name of the heir who will receive the funds after the death of the testator.

The will is drawn up in two copies, both documents must be certified. One of them is handed over to the testator, the second is kept by the notary.

The testator can at any time make changes to the will or cancel it at his own request.

Will in the bank

A will for a deposit can be drawn up directly at the bank itself. To do this, you only need the investor’s passport so that the employee can verify the signatures on the contracts.

After verification, the testator fills out a testamentary disposition, which must include the following information:

• Date the document was written;
• Full name of the testator;
• Residence address;
• Account number/accounts and dates of agreements concluded with the bank;
• Full name of the heir, address of his residence;
• The amount of the amount (most often as a percentage);
• Testator's signature.

Several heirs can be included in such a document and the contribution can be divided into parts at the request of the testator. After this, the bank employee completes the paper:

• He indicates his own name and position;
• Registers the depositor’s passport details;
• Re-dates and stamps the bank.

Such a will is also drawn up in two copies. One is kept in the bank on demand, the other is issued personally to the depositor.

Inheritance of a contribution by will

To receive an inheritance after the death of the testator, you first need to contact a notary to open an inheritance case.

To do this, provide the lawyer with the following documents:

• Death certificate of the testator;
• Own passport;
• A copy of the will, which was kept by the testator;
• Certificate of the last place of residence of the deceased;
• Application for acceptance of inheritance (written directly at the notary's office).

Remember that you must enter into an inheritance no later than six months from the date of death of the testator, otherwise it will be impossible to receive the property without going to court. The judge has the right to restore the deadline for receiving the inheritance, but only if the reason for missing it was sufficiently compelling (inpatient treatment, service, business trip, litigation in other cases).

In other cases, acceptance of the inheritance will require consent from the remaining heirs.

Inheritance tax

According to Russian law, the heir is obliged to pay tax on the property he receives: state duty. Its size is determined by the notary and is:

• 0.3% of the value of the inheritance (not more than 100 thousand rubles) for immediate relatives (first and second stages according to the law);
• 0.6% (but not more than one million rubles) for all other heirs.

To determine the cost, you must provide the lawyer with documentation on the amount of the deposit, which can be obtained from Sberbank (in any branch) or any other bank where the deposit is kept.

After paying the fee, the heir receives a certificate of inheritance from a notary, which must be submitted to the bank.

Inheritance of deposit by law

Sometimes the testator cancels the will and does not have time to write a new one; In addition, the document may be deprived of legal force in court. In this case, inheritance of the deposit in Sberbank occurs according to the law.

To do this, the notary must provide:

• Death certificate of the testator;
• Heir's passport;
• Documents confirming the fact of relationship with the deceased (since only relatives of the deceased have the right to receive an inheritance by law);
• Application for the right to inheritance.

When inheriting by law, property is divided into equal shares among all heirs of a certain order.

Mandatory share

No matter how the deposit in Sberbank is inherited, obligatory heirs can claim a part of it. This category of citizens receives part of the inheritance, even if all of the testator’s property is completely bequeathed.

Mandatory heirs include disabled children and parents of the testator, dependents who lived at the expense of the deceased for 1 year or more at the time of his death.

The size of the obligatory share is fixed: it is half of the share that this heir would receive if inheriting under a will. In addition, the obligatory heir has the right to appeal the division of the inheritance if he considers that he has been deprived.

Advice for heirs

• In order to correctly fill out an application for acceptance of inheritance (and other documents), contact a lawyer for advice. If discrepancies or errors occur in the papers, it will be much more difficult to obtain the property.
• Sometimes it happens that the bank refuses to issue an inheritance on the basis of a testamentary disposition alone. If you encounter such a problem, resubmit your application with all available documents. If you refuse again, you can go to court.

The procedure for accepting an inheritance sometimes causes a lot of trouble. Check the documentation carefully and consult with specialists.

Making a will for a deposit in a bank. When and how to subsequently receive an inheritance by testamentary disposition?

The procedure for inheriting bank deposits is based on the same principles as receiving an inheritance through succession. Inheritance usually takes place in two forms: by will and by law.

However, savings in the bank can be transferred to heirs on the basis of a testamentary disposition. In the article we will touch on the following questions: how to get a contribution under a will, when can you get it and what is it even?

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Order of succession

So, the will of a deposit in a bank has a certain order in the line of inheritance:

1. Legal inheritance. The law defines 8 lines of heirs, and their number also includes dependents.
2. Inheritance in accordance with a will. The presence of a will does not guarantee the result that the contribution will be received by the heir in full. Dependents and minor children are entitled to 50% of the amount of the inheritance.
3. Receiving a contribution by testamentary disposition. This document is drawn up when opening a deposit and does not require notarization.

The law establishes the period for entry into inheritance rights. It is six months from the day the testator died. During this period, you must demonstrate your right to inheritance (clause 2, Article 1152 of the Civil Code), for which you must submit an application to the notary.

At the end of 6 months, the heir receives a certificate that defines his right and the shares of other heirs, if any. When the bank where the funds are left is known, the notary sends an official request there. There is such an incident that it is not known where exactly the deposit was made.

The heir may not have the contract in hand, or he may have some guess, but not have accurate information. In this case, there are specialized organizations involved in searching for deposits.

The Civil Code of the Russian Federation prescribes two ways to issue such an order:

1. A will issued as an order in Sberbank. To issue this document, you should visit the bank with your passport, depositor’s book or deposit agreement in hand. The bank employee is obliged to comply with all requirements on the form, check the order and certify its validity. The testamentary disposition must be recorded in the registration book.
2. A notarized will for the deposit. In this case, the provision on the allocation of a mandatory share of the inheritance does not apply. The heir must have a savings book or an agreement on opening a deposit with him. If documents are lost, you should take steps to restore them - yourself or through a notary.

It should be noted that the work of notaries with Sberbank is extremely simplified thanks to electronic means. Any notary has the opportunity to freely access banking information using an electronic signature. You may be interested in this article, which details the limitations on testamentary freedom.

Features of deposit inheritance

A contribution by testamentary disposition has a number of features:

• in the case where it is unknown about the completed testamentary disposition, the bank is not obliged to inform interested parties about this, therefore, according to Article 1151 of the Civil Code of the Russian Federation, funds unclaimed on time are transferred to the state budget;

• if the heir knows about the account opened for him, but there are no supporting documents (agreement), the notary must request this data from the bank;
• if the deposit and order were executed before March 1, 2002, then a document from a notary is not required to receive funds;
• when registering a deposit during marriage, the amount is distributed in such a way that the spouse owns 50% of the amount, and the remainder is divided among the heirs;
• it is possible to withdraw funds from the account to organize a funeral in an amount not exceeding 200 minimum wages;
• if the funds were inherited by minors, they can only be received upon reaching 18 years of age;
• when inheriting a deposit, it is not necessary to close the account;
• receiving money under a testamentary disposition is not subject to tax, but you will have to pay a notary fee (for spouses and close relatives - 0.3%, for other persons - 0.6%).

A bank will is a convenient financial and legal instrument with which you can bequeath your savings directly, that is, to a chosen person. You can also enter special conditions and receive a will with an assignment that will limit access to your inheritance if certain agreements are not met.

However, it should be remembered that deposits bequeathed outside of Russia have their own characteristics. Inheritance of foreign deposits is carried out according to the laws of the Russian Federation, but taking into account the requirements of local regulations.

The legislation of many countries provides for rules according to which unclaimed deposits eventually become state property.

Will for a deposit in a bank - Articles

If you want to draw up a deposit in the form of a will, you must contact the bank, where the document is certified by a bank employee. Funds in a bank account can be bequeathed in the following way: either by inclusion in a will, or by making a testamentary disposition of the deposit. The latter option, although more convenient, is less common. This procedure can be performed immediately at the bank.

What has greater legal force – a will or a disposal of a deposit? Both types of documents have the same legal force. The order may be canceled by means of a will if the latter contains a special instruction.

Primary requirements:

1. The document must be drawn up either handwritten or printed;
2. Put your personal signature;
3. Indicate the date of compilation;
4. Availability of certification by a bank employee who has the right to accept an order.

Decree of the Government of the Russian Federation No. 351 of May 27, 2002 regulates the following:

1. The document must be drawn up in the bank in which the owner’s account is opened.
2. The document must contain the following fields: place of preparation, place of residence of the account holder, full name of the heir or name of the legal entity, including address.
3. The order can be drawn up either for all accounts, or separately for each.
4. If the will specifies several heirs, then it is necessary to indicate the share of each of them. If there is no information, all heirs will receive the money in equal shares.

Corrections in documents are not allowed. The document must be prepared in two copies, which must be signed by the account holder and the bank employee, and must be stamped.

List of required documents for execution of an order:

• Passport of a citizen of the Russian Federation.
• Bringing to the attention of the account holder the norms of the Civil Code of the Russian Federation regarding Art. 1128, 1130, etc.
• Documents confirming the existence of a deposit in the bank.

Availability of conditions that the order may contain

The owner of the deposit may specify conditions such as the issuance of specific amounts during a certain period (for example, 40,000 monthly). The age of the heir can also be determined, upon entering which he has the right to gain access to the account. It is worth noting that the conditions specified in the order must not contradict the norms of the Civil Code of the Russian Federation.

Who can become the heir to the deposit?

The heirs of the deposit can be: close or distant relatives, a friend, a stranger, in addition, it can be legal entities, organizations, or the state. But the document must contain comprehensive information about the person in whose name the deposit is made.

Deadlines for receiving funds from the deposit by the heir

To receive funds from a deposit, you must follow the entire procedure for entering into an inheritance and obtain the appropriate document.

This event will occur no earlier than 6 months after the death of the account holder, and provided there are no controversial situations.

In the event of disagreements between the heirs, including the appeal of one of them to the courts, the issuance of certificates is suspended, and it will be possible to gain access to the deposit only if there is a court decision that has entered into force.

It is worth noting that the existing document does not limit the owner’s right to dispose of funds, including complete waste of the latter. The heirs may not know about the amount on deposit, and the bank, in turn, is obliged to maintain banking secrecy.

How to draw up a will for a bank deposit

Savings stored in a deposit account are the same inherited property as cash savings. After the death of the testator, all finances accumulated in the bank account, as well as other property, become the property of the heirs of the deceased.

There are legal mechanisms for distributing inheritance when the testator did not have time or simply did not want to draw up a will. If this happens, all savings are evenly distributed among those entitled to inheritance. The priority owners of the inheritance are determined according to family ties.

If before the moment of death the testator executed a will, then, regardless of blood ties, the savings are received by the persons specified in the testamentary document. The testator has the full and legal right to dispose of the accumulated property independently.

Question

I've been keeping my savings in a bank account for the past few years. Over the entire period I have accumulated a good percentage. I want that after my death, the accumulated savings will be inherited by my granddaughter to pay for college tuition. I plan to leave the property to my wife and daughter. Is it possible to draw up a will for a savings account in a bank or does it need to be drawn up with a notary?

Answer

Upon completion of 18 years of age and ability to work, every citizen with savings uses them at his own discretion. Article No. 1128 of the Civil Code states: financial assets stored in bank accounts are bequeathed in the same way as other property.

There are two ways to make a will to inherit savings saved in bank accounts:

• By contacting the bank where your savings are kept.
• At the notary.

The following provides information on the rules for drawing up a will and transferring accumulated funds to the heirs specified in the will in certain cases.

The rules for drawing up a will for a bank deposit are regulated by the country's Civil Code. These are articles No. 1128, 1123, 1130, 1149, 1150, 1162.

In addition to the indicated articles of the Civil Code, the rules for drawing up a will are controlled by the internal orders of banks and government regulations of the country.

To draw up a will to transfer an inheritance, you must go to the bank branch where your savings are kept. The testator has the right to carry out operations on the transfer of property with finances only in the bank where the account is kept. If savings are sorted into different banks, it is necessary to draw up a will for each account separately.

The rules for registering a will depend on the internal regulations of banks and government regulations.

Before starting to draw up a will, bank employees must tell the depositor about the possible legal consequences of making such a decision, regulated by the Civil Code.

To draw up a will, the testator must have with him the following documents:

• Passport. You can draw up a document on the transfer of inheritance only if you have documents to confirm your identity.
• Passport information about the persons on whom the inheritance is registered. Information about heirs is provided in full. This is necessary in order to further prove your right to own the property.

To draw up a will, the investor is provided with a form adapted to general standards. When drawing up a will, it is not allowed to write ambiguous phrases, errors, typos, or corrections. The form includes information about:

1. Date and place of execution of the will.
2. Name and actual address of the bank branch, identification code number in the Federal Tax Service.
3. FULL NAME; date, month and year of birth; passport information of the testator.
4. FULL NAME; actual residential address; passport information about the heir.
5. The testator's instructions on the distribution of savings among the heirs specified in the will.
6. Signature of the testator.
7. Signature of a bank employee.

The testator has the right to inherit accumulated savings to absolutely any person and distribute the share at his own discretion. If this does not contradict the law, the testator may establish a criterion, after fulfillment, of which the heir has the right to receive the savings. For example: turning 18, graduating, getting married.

The Civil Code states that the signature put in a will must certainly belong to the testator. After filling out the form, it is checked by a bank employee and signed for certification.

Upon completion, a copy of the document is created. The original is kept by the testator, the duplicate is kept in the bank.

According to the legislation of the Russian Federation, a will for the transfer of savings in a savings account, drawn up at a bank branch, has the same legal force as when drawn up by a notary.

The rules that apply to a will with a notary’s seal are similar to those for a will executed in a bank.

If necessary, the testator can make adjustments to the will, executed at a banking institution, as many times as desired. Instructions should not contradict each other. If desired, the testator can completely revoke the validity and terms of the will. It is completely optional for the investor to explain the reason for such an action.

You can make a will for savings according to a standardized scheme: with a notary. This is usually done when the testator has opened several savings accounts and has other types of property, the share of which is easier and more convenient to divide among the heirs in a single will. It is also possible to draw up a will with a notary exclusively for bank accounts.

This should be done with extreme caution, since if the will is drawn up incorrectly, it can be challenged in court. To be sure, it is better to seek help from legal experts.

A self-executed will must be certified by a notary or a civil servant with the appropriate rights. If a will is not certified, it has no legal force.

To draw up a will with an authorized person, you need to take with you the same papers as for the bank:

• Testator's passport.
• Passport information of heirs.

It is not necessary to take with you papers confirming the right to own property and savings. However, in order to avoid inaccuracies when drawing up a will, you should know the correct information about the bank in which savings or any other accounts were opened.

The Tax Code of the Russian Federation specifies the cost of the tariff for registering a will. It is 100 rubles.

Many people are interested in the question: how quickly does the procedure for transferring savings to inheritance take place?

Many years ago, the law was still valid according to which, in order to inherit savings, you just had to go to the bank branch where the account was opened, bring with you the heir’s passport, a copy of the will and the death certificate of the testator. The accumulated savings were distributed to the heirs very quickly.

At the moment, you can receive your inheritance only after six months from the date of death of the testator. This is due to the fact that in order to receive finance, the heir must provide bank employees with a certificate of inheritance, which is issued only after six months. The certificate contains information about the amount of savings transferred by inheritance to each person.

To become the legal owner of an inheritance, you need to contact a notary, taking with you the following documents:

1. Duplicate will.
2. Identity document.
3. Death certificate.
4. Contract for opening a bank account.
5. Savings book.
6. Documents for the right to inherit savings in the account.
7. Bank card.

Other documentation may also be required. For example, to confirm family ties.

The notary's office is obliged to inform the bank about the death of the account owner, the beginning of a case regarding the transfer of savings to inheritance and an existing will.

After 6 months after receiving the inherited savings, the heir has the right to contact the bank with a request to provide the stored deposit or transfer it to a separate bank book. To do this, you need to fill out an application addressed to the head of the bank branch, provide your own passport information, and a certificate of transfer of savings as an inheritance.

However, the amount for organizing a funeral cannot exceed 100,000 rubles. The heir or any other person registered in the notary's conclusion has the right to receive investments for organizing the funeral.

Despite the fact that the inheritance can be received after six months from the date of death of the testator, the bank must issue the amount for organizing the funeral in due time.

Will for money in banks

Testamentary disposition on deposits

Every person who has money savings and has legal capacity can make a testamentary disposition for them. The law does not provide such a right to minors. The testator can also determine who will inherit the bank deposits using an ordinary will. The procedure for receiving deposits using these methods is different.

It is important to understand that the article describes the most basic situations and does not take into account a number of technical issues. To solve your particular problem, get legal advice on housing issues by calling the hotlines:

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The will drawn up by the testator provides that the heirs, in order to receive funds in his accounts, will need to contact a notary after the death of the testator.

A written testamentary disposition for the heirs' deposit gives them the opportunity to receive the due share of the inheritance left in the form of savings by contacting the bank directly.

This procedure for receiving bequests is regulated by the Civil Code of the Russian Federation.

The written testamentary disposition does not limit the testator's right to use it at his own discretion during his lifetime.

The procedure for registering a testamentary disposition for a deposit

Requirements for registration and preparation of deposit orders are determined by the Civil Code, Decrees of the Government of the Russian Federation, as well as internal regulations of banks. Such a document can be drawn up at the branch of the financial institution where the deposit is placed or where the personal account is opened.

You can use a standard form to complete the document. Such a document does not need to be certified by a notary, but it must be drawn up taking into account all the requirements for it. According to Article 1128 of the Civil Code of the Russian Federation , the document must be signed by the testator in his own hand and certified by a bank employee.

Mandatory details of the document must be the date and place of drawing up the document.

The execution of a testamentary disposition is carried out only if the originator has a passport. Before writing an order on deposits, the testator must be informed, according to Article 1123 of the Civil Code , by bank employees with the content of Articles 1128, 1130, 1149, 1150 and 1162 of the Civil Code of the Russian Federation .

By law, such a document has the force of a will certified by a notary.

All information about the heirs entered in the document must be complete and reliable. Corrections are not allowed in the administrative document. In case of disputes, such a document will not be accepted by the court for consideration.

The law allows the preparation of one order for all deposits available to the testator. Their location does not matter. To draw up a document, just contact one of the bank branches.

The document indicates the share distribution of the contribution between the heirs, which may include any persons. If only heirs are indicated at the disposal and their share of the contribution is not determined, then the funds will be distributed between them in equal parts.

Such a document may also contain an indication of the procedure for receiving the contribution by other persons in the event of refusal by the heirs.

Rules for drawing up a testamentary disposition

The adoption of the procedure for drawing up a testamentary disposition is within the competence of the Government of the Russian Federation, in contrast to the drawing up of an ordinary will, which is regulated by the Civil Code. The law does not prohibit drawing up a testamentary disposition in simple written form. The document must contain mandatory details.

These include information about the place and date of its preparation, the testator’s residential address, passport details, full name, patronymic and surname. The same information is entered into the document about those to whom the contribution is intended after the death of the testator. Corrections to the document are not permitted.

These rules apply to the execution of all banking documents.

The rules for drawing up a document require that it be drawn up by the testator in his own hand. A bank employee checks the drawn up document and certifies its authenticity with his signature.

This certification of the document differs from the requirements for drawing up a will, which must be certified or drawn up by a notary.

does not charge a fee for drawing up a testamentary disposition .

Bequest of deposits in the usual manner

The testator may bequeath the contributions in the usual manner. It involves drawing up a will certified by a notary. The document is drawn up after payment of the state fee.

It can be compiled independently, but for this you need to know exactly and follow the rules for its preparation. An incorrectly executed will can be challenged in court. Therefore, it is better to entrust its writing to a notary.

The cost of preparing such a document at a notary office is equal to the amount of the state duty.

The presence of documents confirming the testator's ownership of the bequeathed property is not necessary. The duration of the will is not limited. It is subject to change. In this case, the last will drawn up will have legal force.

to accept the bank deposit under the will after receiving a certificate of the right to inheritance, which is issued by a notary during the inheritance case. This document contains data on the size of the share bequeathed to him. The bank is notified of the existence of a will by a notary.

In the event that the testator has not drawn up any administrative documents confirming his will in the distribution of property and contributions, the general inheritance procedure comes into force. This procedure provides for the distribution of the property and funds of the testator, including his bank deposits and deposits in equal shares between the heirs.

Procedure for issuing a deposit

The rules for conducting banking transactions do not provide for the withdrawal of the testator's deposit by the heirs upon taking over their rights from his savings book.

Recipients of bequeathed bank deposits may be legal entities. For such heirs, cash savings are transferred to their account upon providing the financial institution with a copy of the testator's savings book and a death certificate certified by a notary.

Along with these documents, a letter from the recipient of the deposit is sent to the bank with a request to transfer bequeathed funds to his account, signed by the head of the legal entity and the chief accountant and certified by the seal of the organization.

It indicates the bank details for transferring funds.

Heirs entitled to the deposit can contact any branch of the bank where the deposit was made or the central office of the financial institution.

Legislation and bank regulations provide for the issuance of deposits to heirs by testamentary disposition or in accordance with a certificate confirming the right of citizens to inherit.

In the event of the death of one of the heirs indicated in the will or who has the right to receive a bank deposit, his share is distributed to the remaining participants in the inheritance process.

If all heirs come to receive the deposit at the same time, the bank opens personal accounts for them and transfers funds from the testator’s savings book to them. If one of the heirs does not come along with everyone, then his share will be left on the account of the deceased investor.

List of documents

The rules for conducting banking transactions require the following documents from heirs:

• passport;
• death certificate of the investor;
• documents from the bank, savings book, agreement on opening a deposit, bank card.

To exercise the customary right of inheritance, you must provide the bank with a certificate of the heir’s rights. If a testamentary disposition has been drawn up for the deposit, then a death certificate and an identification document are sufficient to obtain it.

As additional documents, bank employees may request documents such as an extract from the house register or certificates of residence and joint registration with the deceased testator.

Conclusion

Having become an heir to a bequeathed bank deposit, you must take the following steps:

1. Declare your rights as an heir to the notary who opened the inheritance case.
2. Obtain from the notary office that opened the inheritance case information about the existence of a testamentary disposition or will for the contribution of the testator.
3. Collect all documents necessary to enter into inheritance rights.
4. Write an application addressed to the head of the bank branch requesting the issuance of a deposit and open a personal account to receive inherited funds.