How to properly draw up a will for inheritance

In this article you can find out in detail the answers to the following questions:

• How to write a will for an inheritance?
• What will need to be taken into account when preparing the document?

How to write a will for an inheritance?

The testator may be a person who has reached the age of majority. Those under 18 years of age do not have the right to make a will. However, there is a condition under which a minor acquires legal capacity.

According to the Civil Code of the Russian Federation, after 16 years of age, a citizen is considered legally capable and has the right to open a commercial business, enter into a legal marriage and work under an employment contract. Upon presentation of the relevant documents, the minor owner has the right to draw up a will.

Citizen's capacity.

When drawing up an inheritance agreement, the testator must be of sound mind and absolutely capable. If the testator, due to illness, is unable to write a will on his own, then his representative does so.

Availability of an appropriate identification document.

A citizen who has a passport of a Russian citizen can act as a testator. A foreigner can also sign the agreement if he has a foreign passport with Russian registration or has a residence permit in the Russian Federation. In some situations, the testator may be a person who has a refugee certificate.

What should you think about?

It is necessary to consider the consequences that any instructions or additional requirements specified in the will may have.

If, after drawing up a will, there are leftover heirs who are offended, they can initiate legal proceedings regarding the legality of the execution of the will.

It is also important to consider whether the successor will be able to manage the received property. If he does not have such an opportunity, then the document will need to additionally appoint a manager.

• Accuracy.
• Clarity.
• Unambiguity.

If inaccurate information is found in the document, then such a will can be easily challenged in court. It is important to be careful when drafting a document to avoid ambiguity or vagueness. Since after the death of the owner there will no longer be an opportunity to ask what he meant, and his words will be taken literally.

A will is a written document. It can be written in your own hand or, at the request of the testator, the document can be typed electronically and printed.

However, if we are talking about closed documents or a will that was drawn up in critical circumstances, then it must be written in the hand of the testator.

What do you need to know about the testator's signature?

Any type of will must contain information regarding the place and date of the agreement, unless we are talking about a closed will. The document must also contain the personal signature of the owner. This is the main requirement, without which it is impossible to prove the right to perform.

There are situations in which the testator cannot physically sign the document. In this case, this is done by a trusted person. However, the signing of the document must take place in the personal presence of the testator and a notary.

According to the Civil Code, there are the following series of reasons why a testator may ask another person to certify a document:

• Illiteracy.
• Serious disease.
• Physical defects.

In the will, it will be necessary to indicate without fail the reason why the document is not signed personally by the owner. In addition, it is important to record in the document all the personal data of the trusted citizen who signs the will.

What documents need to be collected?

The procedure for drawing up a will begins with collecting the necessary documentation. You should take care of certificates and documents in advance so that when writing a will you indicate accurate data that would not be subject to dispute.

To make a will you must have:

• Personal information of the testator.
• Personal data of heirs.
• Documents for property that will be inherited. Such certificates must be obtained from the relevant authorities.

What must be included in a will?

The most important thing in the document is the correctly expressed will of the owner. He must freely dispose of his property, which will be received after his death.

According to his decision, the citizen-owner must enter the personal data of those heirs to whom he wishes to inherit the property. This list may include not only legal heirs, but also those whom the testator wishes to include in the inheritance right.

The subject of inheritance can be any property (movable, immovable), as well as that which is not currently the property of a citizen. For example, if an apartment is in the process of being purchased and sold, then the future owner can include it in the will.

The testator personally distributes the shares that will be received by the legal successors. Moreover, these parts do not have to be equal among all heirs.

In a will, the owner can deny the right of inheritance to any heir who has a legal right to do so. Based on the Civil Code of the Russian Federation, the owner of the property should not indicate in the document the reasons why he does not want someone to receive part of his property.

In addition, the citizen-testator may include additional points in the document:

• Personal orders.
• Requirements for future heirs.
• Conditions for accepting inheritance into property.

Sample of how to make a will for an apartment

It is important to know that there is no strict drafting form in which a will must be drafted. However, there are points that must be taken into account in such a document:

• Information about the document: name, place and date of preparation.
• Information about the compiler: full name, date of birth, passport number and series, place of registration.
• Information about the heirs: full name, date of birth, passport number and series, place of registration.
• Property information: a copy of a document that confirms a person’s right to property.
• Information about parts of the inheritance: what share or object of the inheritance will go to each heir.
• Information about the notary: his personal data and signature.
• Data on the signature of the will by the testator and his representatives.
• Information about paid state duty.
• Number of copies of the document.
• Notary certificate.

Features of making a will

There are different ways to make a will. Let's look at four ways to format a document.

Making a will with a notary

The Civil Code of the Russian Federation states that any will must be notarized .

You can have a document certified by a notary who works in a government office or privately. According to the law, it is necessary to open an inheritance case at the location of the property or at the place of residence of the testator.

The legal basis has a document that has been certified by a notary:

• At home.
• In a medical institution or nursing home where the testator is located.
• In the notary department.

Before certifying a document, the notary must check the reliability and accuracy of the information provided and only then sign the will. In addition, you will need to pay the mandatory state fee for registering a will, which is provided for in the “Fundamentals of Legislation” on the notary public of the Russian Federation, Article 22.

The testator must be personally present at the time of certification of the document. A will is invalid if it was certified only in the presence of the owner's authorized representative. In some cases, if a document is drawn up in critical situations, at least two witnesses must be present in addition to the certification of the will.

Making a will without a notary

However, this type of will can be challenged in court. If a notarized will contains the signature of a notary, then it is almost impossible to cancel its execution. And, if the document is not certified, then it will be much easier to challenge its authenticity.

Making a will in critical situations

According to the law of the Russian Federation, if the testator is threatened with death, then he can draw up a will in writing in his own hand. When drawing up this type of document, the presence of at least two witnesses is required.

In a situation where the threat of death or another critical circumstance passes, then after a month the document drawn up loses its legal force.

Execution of a will by official representatives

A will can be certified by the signature of citizens holding a high position. Their legal certification is equal to that of a notary. This can happen if the testator lives in a remote village where there is no notary. Then he can contact a representative of the city council to have the will drawn up certified.

If the owner of the property lives abroad, he will need to contact the consulate. There, a representative of his state can certify the executed will.

Any official on a ship, on an expedition, in a military unit, or in a prison can officially certify a will. When drawing up a document for bequest of funds, the head of the bank can also certify its authenticity.

How to properly draw up a will for an inheritance?

The document is drawn up only by legally capable adult citizens. In Russia, persons who have reached 18 years of age or older are considered adults; it is from this age that a person is recognized as legally competent. However, the Civil Code provides for the possibility of recognizing a person as fully capable from the age of 16. In this case, one of the following requirements must be met:

• availability of official employment, while the person’s earnings must exceed the subsistence level;
• conducting business with a stable income;
• entry into official marriage.

Circumstances allowing a 16-year-old person to be recognized as legally competent must be documented.

Document formatting methods

The easiest and most reliable way to draw up a document is to contact a notary. Moreover, according to the law, a will is a document that requires mandatory certification. This is the function that the notary performs. Without certification by a notary, a will is in most cases considered invalid.

The exception is emergency situations that pose a threat to human life. These include:

• natural disasters;
• war;
• sudden illness that may lead to the death of the testator;
• man-made disasters and other disasters.

Only in the presence of such circumstances can a will be drawn up without a notary. Thus, even in unforeseen situations, when it is not possible to prepare in advance and contact a specialist, the law gives a person the right to his last will. But even here there are some nuances, without which the document will not have legal grounds:

1. The will must be drawn up in the presence of two witnesses and signed by them. It will be considered valid even if the witnesses subsequently die. Heirs under a will cannot be witnesses;
2. The document must be handwritten by the testator himself and signed by him. If the paper is printed on a computer, this will cast doubt on the existence of force majeure reasons that prevented you from contacting a notary. Also, in court proceedings, it may be necessary to conduct an examination to establish the authenticity of the document, whether it was actually written by the testator. It is easier to prove the authenticity of a document by handwriting than by signature;
3. In the place where the document was drawn up, there should not be a notary or persons who, according to the law, can replace it;
4. The document must be in the form of a will, i.e. express the will of a person and be of a managerial nature.

A will drawn up during force majeure situations is valid for a month from the date of preparation. If during this time the event that should lead to the proclamation of the will has not occurred, the document must be reissued according to all the rules. Otherwise it will be invalid.

Even if all the conditions for drawing up a will without a notary are met, there is a possibility that the document will be challenged in court.

Such a risk can be significantly reduced by indicating in the text of the document the reasons that prompted its preparation. If the will does not contain them, written documents confirming the existence of special circumstances (state certificates of natural disasters and accidents, witness statements, medical documents) can be presented to the court as additional evidence.

There are also other situations when a person cannot contact a notary, for example: military service, participation in research expeditions, or living in remote settlements where there is no notary office. In these cases, the will can be certified by an authorized person instead of a notary, these include:

• captains of long-distance vessels;
• commanders of military units;
• expedition leader;
• warden;
• chief physician of the hospital;
• nursing home manager;
• local government officials.

What documents are needed?

1. Identification. For Russian citizens, this is a passport. Foreign citizens can present a choice of one of 3 documents: a passport of a foreign citizen, a temporary residence permit, a refugee certificate;
2. Documents confirming ownership of property. These may be papers confirming the purchase of shares and other securities, registration of ownership of a land plot, apartment, house and other documents;
3. List of heirs and their contact information. The law does not oblige you to indicate the passport details of the heirs in the will; full name and date of birth are sufficient. It is better for the notary to prepare a list of heirs indicating their place of residence and telephone numbers, so that it will be easier to find them when the need arises.

How to make a will correctly?

You can write a will for an inheritance in free form. It is important that the text of the document adheres to three principles:

• accuracy;
• unambiguity;
• clarity.

When reading the will, no questions or ambiguities should arise; any inaccuracies will be grounds for challenging the document in court.

A will must express the will of only one person. The testator has the right to leave his property to any person or organization of his choice.

There is a separate category of heirs who have the right to an obligatory share in the inheritance. This includes disabled children, parents, spouses, and dependents of the testator. Such heirs must be taken into account when drawing up the document; they have the right to part of the property, regardless of whether their names are indicated in the will.

Before signing the will, the testator must read the text of the document.

In cases where he cannot read the will on his own, it is read out loud by a notary, and a corresponding note is made about this in the document.

There are cases when the testator is unable to personally sign, this may be caused by:

• serious illness;
• disability;
• illiteracy.

In these cases, an authorized person can sign the document. This is done in the presence of the testator and the notary. In addition, the will indicates information about the trustee and the reason why the testator was unable to sign the document himself.

The authorized representative must be aware of the secrecy of the will. He has no right to disclose the contents of the document to third parties.

The will must contain the following information:

1. date and place of compilation;
2. information about the testator: full name, date of birth, registration, passport details;
3. list of property;
4. information about the heirs: full name and date of birth, optional passport details. Sometimes sub-heirs are additionally indicated. They will receive the right to inheritance if the main heirs are unable to assume their rights;
5. information about the shares of the inheritance, what property each heir will receive;
6. information about persons deprived of inheritance (if any);
7. additional wishes for legal successors established for inheritance. For example, marriage;
8. information about the notary, his seal and signature;
9. number of copies of the will;
10. information about payment of state duty;
11. testator's signature

The text must contain wording confirming that the testator is familiar with the legislation regarding inheritance law.

The notary certifies the will only after making sure that it has been drawn up correctly. The testator must also pay a state fee.

Closed form of will

The document is handed over to the notary in a sealed envelope in the presence of two witnesses who sign the envelope. The notary, in the presence of witnesses, without opening the envelope, seals it in a new one, on which he indicates personal information about the testator and witnesses, as well as the place and date of receipt of the paper. The testator is given a document stating that his will has been accepted in a closed form.

Can a will be revoked? The testator has the right to cancel or amend the document. If the document needs to be completely canceled, it is necessary to write an order to cancel the will, which is certified by a notary. In cases where the text of the will needs to be adjusted, you can write a new will; it will automatically cancel the previous version of the document.

Since some heirs remain on the sidelines when making a will, there is a possibility that they will try to restore their rights in court. Therefore, it is important to take a responsible approach to drafting the document. A well-drafted, notarized will, which accurately and clearly expresses the will of the testator, is very difficult to challenge.

How to make a will for property

Nobody wants to think about death.

It is unpleasant to prepare for it and distribute the inheritance in advance. But everyone dies, and then there are two options: either the property is distributed according to the law, or at the request of the deceased.

According to the law, property and debts will be equally divided among the heirs in order of priority. To divide what you have acquired at your discretion and make life easier for everyone, you can make a will.

1. Check whether you meet the requirements to be a testator.
2. Identify property.
3. Choose heirs.
4. If desired, choose an executor.
5. Draw up the text of the will yourself or entrust it to a notary.
6. Certify by a notary.

A will is a document in which a person disposes of his property in the event of death: exactly how and between which people his property, debts and rights should be divided. When there is a will, it does not matter what the law says about the distribution of the inheritance: it will be divided as the owner wanted.

A will has more power than it seems. One sheet of paper with your signature and a notary stamp can deprive even the closest relative of property, allow you to transfer everything to a neighbor, and impose restrictions and obligations on the heirs.

Here are some of the things that are possible with a will, but not without one.

Give the car to your stepdaughter, not your son. Vladimir has a wife, son and stepdaughter. According to the law, the wife and son will receive the inheritance. But the son lives abroad and does not communicate with his father. The wife will get the apartment. The stepdaughter will not receive anything by law, but she is a doctor and helps Vladimir with treatment. He wants to give her his car.

Leave the cottage to your best friend. Svetlana has a dacha, which she takes care of together with her friend. Svetlana has no family or children, only distant relatives. According to the law, Svetlana’s dacha will be inherited by her cousins, whom she has not seen for twenty years. My friend won’t get anything, even though she spent money on a greenhouse, a path and a fence.

To bequeath money in a bank deposit, it is not necessary to go to a notary. You can go to the bank office and draw up a testamentary disposition. It will be certified by a bank employee.

A testamentary disposition is drawn up at the bank’s office and only in person. This cannot be done remotely. You need to agree on a time and come to the bank, but this is not always convenient.

If the bank does not have offices in your city, it is better to draw up a will with a notary and for all property at once. A testamentary disposition is valid only for a bank account, but it does not work for an apartment.

If, in addition to money in the bank, the testator has some other property, he will have to go to the notary in any case: then it is more convenient to dispose of the account according to a regular will.

Hide your will from your heirs. Denis bequeathed all his property to the children from his first marriage and does not want his new wife to find out about it. She asked to write a will for her - Denis said that he did so.

A closed will is a separate type of will, the text of which is not seen by anyone at all. You need to write it in your own hand and strictly follow the registration procedure. Denis will bring an envelope with his will to the notary, who will put it in another envelope, seal it and keep it until the heirs arrive. Denis needs to take two witnesses with him.

Leave the property to your son, but with a condition. Lyuba has a son to whom she wants to leave an apartment and a house. Lyuba also has a sister who lives in this house after a divorce: she once abandoned her inheritance in favor of Lyuba and is now left with nothing.

Lyuba can write in her will that her son will inherit real estate, but his aunt will use the house for the rest of her life. This is a testamentary refusal. The word "refuse" in this expression is used to mean "to provide." Even if Lyuba’s son ever sells the house, the testamentary refusal will remain. Her sister will be able to live there even under the new owners.

Require your granddaughter to take care of the cats. Evdokia Petrovna lives in her own apartment with ten cats. The granddaughter will inherit the property, but she is allergic to wool. Evdokia Petrovna is afraid that after her death no one will take care of the cats.

She can indicate in her will that the apartment will go to her granddaughter only on the condition that all the animals are sent to a good shelter, and the granddaughter will pay for their maintenance. This is a testamentary assignment. It obliges the heirs to do something aimed at a generally beneficial goal: plant a tree, help volunteers at a homeless shelter, give lectures on astrophysics for children.

The will is drawn up in free form: there are no strict requirements for wording. You need to describe your wishes clearly and clearly so that there are no ambiguous interpretations.

A will can only be written. It can be written by hand or typed on a computer. If the will is closed or drawn up in emergency circumstances, then the text must be written in your own hand.

Almost anyone can make a will. But there are mandatory requirements for the testator and his orders.

He must be an adult. Legal capacity begins at the age of 18. Until this age, you cannot freely dispose of property, even if it is formally owned.

Have the right to property. It is not necessary to present documents to the notary, but the right at the time of death must be confirmed - this is important for the heirs.

Give an account of your actions. At the time of certification of a will by a notary, you must not only be officially mentally healthy, but also understand the meaning of your actions, and not be intoxicated or under the influence of strong drugs.

Voluntarily dispose of property. A will must be written at your own discretion. You cannot force a person to allocate a share to someone and deprive someone of their inheritance. And no one is obliged to talk about the will. Freedom of testament is limited only to the obligatory share, and even then not always.

Using this principle, you can bequeath an apartment in a new building or a royalty for a book. There is no apartment or book yet, but there is a right to them in the future.

When drawing up a will, you can not describe the property in detail, but simply give everything that you have and will appear in the future to one or several people. To do this, they use the following formulation: “All property that by the day of my death turns out to belong to me, whatever it may be and wherever it is located.”

To accept the inheritance, the heirs will need to confirm that they are indicated in the will. This will be easier to do if it is clear from the text who is who.

In addition to heirs, you can choose those who should definitely not receive the inheritance. To do this, you need to make a testamentary disposition. For example, like this: “I am disinheriting my father Pyotr Vasilyevich Ivanov.” This is what a sample testamentary disposition looks like.

A will can be drawn up and certified by any notary. It doesn't matter where you live or where the property is located. All you need is a passport and money for the state fee. The notary indicates information about the heirs and property from the words of the testator. If it later turns out that the property specified in the will does not belong to you, the heirs will not get it.

If you decide to save on the notary fee and compose the text yourself or want to draw up a closed will, it must indicate:

1. The date is when you make your will.
2. Place - in what country and what city.
3. The name of the document means that it is a will.
4. Full name and date of birth of the testator - that is, yours.
5. Passport details - the notary will check them with the real document, unless it is a closed will.
6. Confirmation that you are of sound mind, have a clear memory and are acting voluntarily - just write it like that.
7. The essence of a will is what you want to do with your property, who to assign responsibilities to, how to divide it.
8. Information about the heirs - who will receive the property. If these are relatives, the relationship must be indicated. Instead of initials - first and middle names, preferably with addresses and dates of birth.

In some cases, a will can be certified by the director of an organization, a military commander, an expedition leader, a bank employee, or even just neighbors, without a notary. We will write a separate article about this.

A will can be revoked and changed at any time and for any reason. There is no need to warn or ask anyone.

There is an option to make a new will - then the old one will automatically lose force. Or submit an order to the notary to revoke the will.

1. In a will, you can leave an inheritance to anyone and specify what property the heirs will receive and under what conditions. This is the only way to distribute property according to your wishes after death.
2. A will can be changed and revoked at any time and as many times as desired.
3. You can draw up and have a will certified by a notary for 1000 rubles and 15 minutes.
4. Until the death of the testator, no one can find out whether there is a will or what is written in it. Only those who are told by the testator will know.
5. Even if there is a will, some relatives will receive a mandatory share. This condition cannot be undone. The only option is to change ownership before death. Then the property will not be included in the inheritance.
6. The heirs under the will will receive not only property, but also debts. They can only be abandoned together with the inheritance.

How to correctly draw up a will for an inheritance - basic concepts

A will is one of the most important documents that a person leaves to his heirs. In the absence of a will, disputes over inheritance arise much more often.

Of course, sometimes those heirs who did not receive property from the testator also try to challenge the will.

To date, the following rules for drawing up a will under the legislation of the Russian Federation have been determined:

• The established form of a will. Although it is drawn up in free form, there is a list of necessary information that must be reflected in the document;
• Compliance with the law. To fulfill this requirement, you need the help of a lawyer. There are cases when the testator, out of ignorance, did not indicate the obligatory heirs. They can then challenge such a will;
• The document must be certified by a notary or other authorized person;
• A will can only be individual; the presence of several testators in one document is not allowed.

In general, it is permissible to draw up a will without certification only in the event of a natural disaster that threatens a person’s life. These include terrorist attacks, wars and natural disasters. In these cases, a person has the right to draw up a will independently and in free form, and it will have the status of a legal document. But the document must be signed by two witnesses.

As can be seen from the above, the place where the will was drawn up does not matter if all the requirements for its text are met and it is certified in accordance with the law.

Contents of the will

In order to correctly draw up a will, it is necessary to indicate in its text accurate information, the interpretation of which does not imply discrepancies. Namely:

• Accurate data of all heirs, on the basis of which they can be distinguished among likely applicants for the inheritance;
• An accurate description of the entire inheritance;
• Indication of shares and their division among heirs;
• Signature, date and information about the handwritten will.

All this is very important because, using any inaccuracy in the will, the heirs can try to challenge it in court after the death of the testator.

One of the most common reasons for such a challenge is doubt about the incapacity of the testator at the time of drawing up the document.

Therefore, it is better to protect yourself by presenting to the notary when drawing up a will a medical certificate of legal capacity and clarity of mind.

Any adult capable citizen can draw up a will if he has documents that confirm the identity of the maker.

When making a will for an apartment, it is worth considering that this is an indivisible property. This means you need to either transfer it into collective ownership to all heirs, or properly divide the shares in ownership of the apartment. It is wrong to divide by rooms. The law requires division into shares (1/2, 1/3, etc.).

We must not forget about compulsory heirs: minor children, dependents, parents and spouses. They are entitled to a mandatory share by law, regardless of the will of the will maker.

The recipient of the inheritance can be any person. You can also register a “spare” heir in the will. This is the person who will receive the share of the “main” heir in the event of his death.

Special considerations for making a will

There are a number of aspects that can be additionally specified in a will:

• The testator has the right to prescribe certain obligations of the heirs. Only if they fulfill them will they receive an inheritance;
• No one present during the drawing up of the will has the right to disclose it until the death of the testator;
• To further confirm the legal capacity and adequacy of the testator at the time of drawing up the will, you can use a video recording of the process of making it. Most notary offices have this option;

This will allow you to draw up the will correctly and avoid a number of disputes among the heirs.

The heir may be excluded from receiving the inheritance after the death of the testator. But this is only possible if the court finds him unworthy. The grounds for such a court decision are situations where:

• The heir harmed or manipulated the testator during the making of the will;
• Caused harm to other heirs;
• Tried to interfere with the fulfillment of the will of the testator;
• Failed to fulfill his duties to the testator.

Another feature of how to make a will for an inheritance concerns its form.

The fact is that the law also allows the drawing up of a will in a closed form. This is a will, the contents of which are not disclosed to the notary.

The testator gives him the document in a sealed envelope in the presence of two witnesses.

Once the will is drawn up and notarized, it is kept by the notary (and a copy is kept by the maker). The notary also enters data about the will into the Unified Notary Information System. Thanks to this, information about the existence of a will, the date of preparation and the notary who certified it can be checked at any notary office throughout the country. This protects the will from loss.

How to draw up a will?

A will can be made after reaching the age of majority.

It is better to take care of this in advance, otherwise the distribution of the inheritance will take place according to the law; we remind you that the state belongs to the last heirs.

The will itself can be changed at any time. How to make sure that everything acquired falls into the hands of the people who are dearest to you, and does not pass to the state in the absence of heirs?

There is only one thing that will help with this - drawing up a will. What is it, how to correctly draw up a will, the procedure for registration - we will consider all this in this article.

Will: what is it

• A will is a document that records a person's will regarding his property.
• According to the law, a will is a unilateral transaction when the testator transfers the right to dispose of his property to other persons after his death.
• However, this is an optional document; in its absence, the transfer of property is carried out in sequence, in the manner prescribed by law.

All issues relating to inheritance by will are regulated by Chapter 62, Part III of the Civil Code of the Russian Federation.

Who can be a testator

Every person has the right to make a will at any time in his life. There are several categories of citizens who do not have the ability to draw up a will:

• under 18 years of age;
• incapacitated completely or partially (in a state of intoxication);
• unable to direct their actions or understand their meaning.

Read how to make a will for an apartment here.

Documents drawn up by these categories of persons are considered invalid and have no legal force.

Who can certify a will?

By law, a will is drawn up in person, in written or printed form and certified by a notary.

However, it is possible for the document to be certified by other persons in cases provided for in paragraphs 7 of Article 1125 and 2 of Article 1128, as well as Article 1127 of the Civil Code of the Russian Federation. These may be the following persons:

• head doctor at the hospital
• sea ​​captain
• head of a prison or other place of deprivation of liberty
• commander of a military unit, etc.

Certification of a will by the above-mentioned persons without certification by a notary is possible only in the event of a clear threat to the life of the testator. The document must be in writing, signed personally, and have the signatures and information of two witnesses.

If as a result of these circumstances a person died, then in court these witnesses must prove that the order was drawn up under emergency circumstances.

Such a will is valid only under special circumstances; if they are terminated, the order is considered invalid. The will will need to be certified by a notary within a month from the date the emergency circumstances cease.

The following persons cannot be witnesses when drawing up a will:

• the person in whose favor the property is transferred, and immediate relatives (spouses, children, parents)
• persons incapacitated, fully or partially
• illiterate or not sufficiently fluent in the language (with the exception of closed wills, when the text of the document is not subject to disclosure)

Who can be the heir

A will can name both individuals and legal entities as heirs.

They can be legal heirs (relatives) and people not included in this category. Either one person or several may be indicated.

The person in whose favor a will is drawn up can be any person, including minors, citizens of any state or stateless persons.

It should be remembered that a minor does not have the right to independently dispose of the inheritance until he reaches 18 years of age. Until that time, all issues relating to the property are resolved by the guardians or trustees.

There is also the concept of a mandatory share of inheritance. That is, it does not matter in whose favor the order was written, there are persons who have the right to part of the property in any case.

These include:

• minor children
• disabled spouses and parents
• other dependents of the testator

Read about a disabled person's share of inheritance according to law here.

Registration procedure

To draw up a will, you need a passport of a citizen of the Russian Federation. No documents evidencing ownership of the property are required by law.

To make a will, you need to follow a few fairly simple steps.

1. Decide on the heirs and their shares in the property.

Read about the right to an obligatory share in the inheritance here.

1. Calculate the share of the inheritance of each participant, if there are several of them. If the heir is one person, then it is enough to indicate that all property is transferred to him.
2. Draw up the text of the will and write it with your own hand or through a notary in your words. The text can be handwritten or printed using technical means.
3. Certify the will with an authenticating signature. You can call a notary anywhere, but this service is paid.
4. If a closed will is drawn up, prepare two witnesses who will sign the envelope. Persons acting as witnesses must also have a passport with them.

If you decide to divide all your property equally between your spouse and children, then you do not need to draw up any document. This right is given to them by law.

The administrative document is written in two copies, signed by the testator himself and certified by a notary.

One copy of the will remains with the notary, the other is transferred to the testator or his authorized representative.

Main points of the will

When drawing up the text of a will, there are no special requirements for the form. However, there are points that are mandatory when drawing up a will.

• The date and place of writing the order must be indicated.
• Complete details of the testator, including passport details and place of residence.
• A list of all property that is subject to inheritance.
• Details of witnesses signing the will, if any.

The text itself is written in free form. No documents confirming the right to ownership of the listed property are required.

Cancellation of a will

You should not think that by making a will, you become a hostage to the document. A will can always be revoked.

To do this, you need to contact a notary and draw up another document that completely or partially cancels the previous one.

It's called an "Order to Cancel a Will." The document is drawn up in two copies and kept by the notary and the testator, one for each.

There are several types of wills. Below are examples of the most common ones.