Is it possible to specify conditions in a will, a will with the condition of lifelong residence?

For many of us, there is something scary about the word “will”. The stereotype is firmly ingrained in the mind: a will is written on one’s deathbed. Some even consider writing a will a bad omen. In fact, a will is a very important and necessary document.

By making a will, a person disposes of his property in the event of death. The order is made by transferring property to other citizens or legal entities - heirs. You cannot dispose of your property in any other way in the event of death. If a citizen did not have time to draw up a will before his death, his property will pass to his heirs through inheritance according to law.

The main legal act regulating the preparation and execution of a will is the Civil Code.

 Making a will takes place in two stages. The first stage is drawing up the text of the will. The second stage is notarization of the will. The text of the will on the notarial form is certified by a notary.

The place and date of certification of the will must be indicated (except when it comes to a closed will). It is the notarization that gives the will legal force.

If a person wishing to make a will has difficulty moving, a notary can visit him at home.

The notary must check the legal capacity of the person making the will (the Civil Code states that the testator “must be fully capable”), as well as the legality of the conditions that the person wishes to include in the will.

The will is drawn up in two copies, one of which is kept by the notary. In addition, he enters information about the completed will into the Unified Notary Information System (UIS).

This is done so that if, for example, the will is lost, the heirs can restore its text.

• There are a number of cases in which a will can be certified not by a notary, but by another person:
• – if the testator is in a hospital, the will can be certified by the chief and doctor on duty;
• – if the testator is in prison, the will can be certified by the head of the correctional institution;

– if the testator is on an expedition, the will can be certified by the head of the expedition, etc.

Also, a will is not certified by a notary if the citizen is in a situation that threatens his life and, due to extreme circumstances, cannot have the will certified by a notary.

In such a situation, a person can state his last will by writing a will by hand on a piece of paper in the presence of two witnesses.

It is important to remember that if within a month after a citizen has the opportunity to certify the will with a notary or another person (chief physician, etc.), he does not do so, the will signed in the presence of witnesses will lose its force.

When drawing up a will, special attention should be paid to its form, because violation of the requirements for it can make the will invalid. Of course, if you contact a notary to draw up a will, there will be no problems with this.

The law allows you to include a wide variety of conditions in a will. This enables each person to make a will that takes into account his wishes and needs as much as possible.

You can bequeath not only property that already belongs to you, but also property that you plan to acquire in the future. For example, if you do not yet own an apartment, but you already know that after some time you will purchase one, then you can already include it in your will.

You can specify any person as an heir: a relative, a non-relative, a foreign citizen, an organization, and even the Russian Federation. Do not forget about the compulsory heirs - those who will receive part of the inheritance regardless of the contents of the will. Mandatory heirs include:

1. 1. Disabled parents of the deceased;
2. 2. His disabled spouse;
3. 3. Minors and disabled children;

4. Persons who are at least distant relatives of the deceased, if they were dependent on him for at least a year before the moment of death. Being dependent means that the only or main source of livelihood for these persons was money (or products) provided by the deceased.

5. Persons who are not relatives of the deceased, if they were dependent on him for at least a year before his death and lived together with him.

Also, the will can provide for a “spare heir” who will receive the property covered by the will in the event that the heir specified in the will dies or refuses to accept the inheritance.

A will can establish the obligation of the heirs to provide any service, or transfer any property to a third party. For example, you can indicate that your grandson, receiving a house as an inheritance, will have to give your son the right to live in it for life.

When making a will, you will definitely need a passport. Documents for the property you intend to include in your will are not required, but are advisable.

A notary can indicate the inherited property according to the testator, but it is better to indicate the signs that identify the property as accurately as possible, so that in the future no one will have the opportunity to challenge the will, citing difficulties in its interpretation.

  For example, if you are going to include a plot of land in your will, then it is better to indicate its area, exact address, name and name of the garden partnership or dacha cooperative, category of land and types of permitted activities. Without documents at hand, this will be difficult to do.

A citizen can cancel or change a will at any time. To do this, the notary draws up a special document on the cancellation of the will, or a new will, the content of which will change the content of the previous one.

a written order of the owner of the property, notarized in accordance with current legislation, as to whose ownership the property (part of the property) should be transferred after his death. an official authorized by the state who has the right to perform notarial acts on behalf of the Russian Federation in the interests of Russian citizens and organizations (legal entities). The ability of a citizen through his actions to acquire and exercise civil rights, create civil responsibilities for himself and fulfill them. The capacity and legal capacity of a citizen are mandatory for his participation in civil legal relations. Legal capacity arises in full upon reaching the age of majority – 18 years. Until a person reaches the age of eighteen, legal capacity is acquired through marriage and emancipation. property owned by the testator on the day of opening of the inheritance, including property rights and obligations. Intangible benefits, non-property rights and obligations, as well as property rights and obligations inextricably linked with the personality of the testator (the right to alimony, the right to compensation for harm caused to the life or health of a citizen, etc.) are not included in the inheritance. Verification of the legality of the transaction, including including whether each party has the right to commit it. Carried out by a notary or an official who has the right to perform such a notarial act, in the manner determined by the Fundamentals of the legislation of the Russian Federation on notaries and civil legislation. minors or adults who have reached the age of 60 and 65 years (women and men, respectively), persons recognized in the prescribed manner as disabled people of groups I, II or III, as well as other categories of citizens provided for by law. a person who has the right to inherit the property of the deceased by will or by law. An heir is considered to be a person who is alive on the day of opening of the inheritance, as well as children conceived during the life of the testator and born alive after the opening of the inheritance. a high-tech automated information system that supports the activities of notaries in the Russian Federation. Allows notaries to use all the advantages of electronic document management, receive up-to-date data, quickly check the necessary information, create databases available online to citizens, businesses and government agencies.

Is it possible to make a will with a condition?

The current version of the Civil Code of the Russian Federation allows for the possibility of drawing up a will encumbering the right of inheritance. This is a new type of form for such an administrative document.

In legal practice, a will with obligations is not very often in demand. But such a document can be drawn up, referring to the general principle of freedom of such documentation, which is established by Article 1119 of the Civil Code of the Russian Federation.

Will with condition - Civil Code of the Russian Federation

Based on the principle contained in the above norm of the Civil Code of the Russian Federation, we can distinguish general rights to draw up an administrative document, including with additional obligations:

• any citizen of the Russian Federation has the right to independently, that is, at his own discretion, bequeath his property to any person, or several people;
• the testator has the right to divide the shares of the inheritance between the heirs in any way;
• the testator may refuse to grant inheritance to any person, one or more heirs, and the reasons for the refusal may not be specified;
• The legislator gives the testator the right, during the registration of his will, to draw up both a will with an assignment and a testamentary refusal;
• the testator has the right to include additional instructions in the testamentary document.

All requirements and restrictions that must be displayed during the preparation of any type of testamentary document are regulated in Chapter 5 of the Civil Code of the Russian Federation. Its basis is that a person can determine, in addition to the circle of heirs and the distribution of the share of the inheritance, additional obligations that must be fulfilled in order to receive the inheritance.

The actions prescribed in such a document can be versatile and practically unlimited, but always without violating any constitutional rights and freedoms of a person. In this regard, it is very important to draw up such a will correctly and clearly.

Practice shows that there are many contradictory aspects when introducing various additional actions for heirs into a document.

Therefore, most notaries try to dissuade the client from making such additional instructions.

What conditions can be included in a will?

The testator can indicate almost any actions that the heir is obliged to perform in order to receive the property bequeathed to him. Restrictions - prescribed obligations exclude the possibility of conflicts with the interests, freedoms and rights of other citizens.

We can highlight a number of the most common additional requirements in such documents:

• condition for lifelong residence, possibly with maintenance;
• payment of maintenance for certain persons named in the will;
• a taboo on remarriage is quite often prescribed if the heir is a spouse;
• a condition for marriage only with a certain person;
• provision of inheritance only after coming of age or after graduation, etc.

But, as practice shows, most of these testamentary instructions are very often challenged in court. For example, the terms of marriage directly contradict the basis of the voluntariness of the marriage union. Such actions will be considered invalid.

To avoid such legal proceedings, it is worth taking a very responsible approach both to the execution of the document itself and to the description of additional actions to obtain an inheritance.

Will with the condition of lifelong residence

Such an obligation is completely legal and is very often prescribed in such administrative documentation.

Sometimes it is written that the heir is obliged to provide some third party with the right to live in the property received by inheritance. The duration of this condition is not limited.

The residence of a third party may be prescribed for a year, two, or maybe for life.

There have been cases when the testator supplemented this obligation with lifelong maintenance.

Under such conditions, the heir undertakes to pay a certain amount of money to those people in whose favor such an order is drawn up.

In most cases, such an administrative document is not recognized as legal. After all, under the guise of a condition, lifelong maintenance is indicated. This is no longer a one-sided transaction, but a compensated or bilateral one.

Will with the condition not to sell the apartment

Based on the prescribed norms and legislative rules of the Russian Federation, limit the heir’s rights to dispose of inherited real estate - a house, apartment, etc. impossible. But when registering an inheritance for an apartment, some nuances may occur.

The testator retains the right to make changes to the terms of the bequeathed property. He may oblige the heir to provide accommodation for any person in the apartment received by inheritance. Such obligations can be imposed on the heir for a certain period - for the period of the life of a third party or for several years.

Consequences for violating the terms of a will in the Russian Federation

Any obligations regarding bequeathed property must be drafted to benefit the interests of the heirs.

The most common violations of the terms of a will:

• the instructions described in the will do not exist at the time of opening of the inheritance, but exist only at the time of drawing up the document;
• the person specified in the obligations of the testamentary document, for some reason, did not know about the order or the occurrence of the action did not depend on it. In most cases, the heir in no way has the right to invalidate the actions specified in the document on the basis of the above;
• the heir did not provide the notary with all the documentation that confirms the complete fulfillment of all instructions in the administrative document, etc.

For violation of any clause of the stated conditions of the will, the notary has the right not to formalize inheritance rights. The heir may be refused the issuance of a corresponding certificate of the right to inheritance under a will in his name.

If you have questions, consult a lawyer

You can ask your question in the form below, in the online consultant window at the bottom right of the screen, or call the numbers (24 hours a day, 7 days a week):

• 8 (800) 350-83-59 — all regions of the Russian Federation.

How to specify the conditions for receiving an inheritance in a will? (notary's explanation and sample)

In Ukrainian legislation, the Civil Code (Article 1242) gives the testator the right to indicate in the will the emergence of the right to inheritance of the heir upon the fulfillment (occurrence) of a certain condition (requirement).

Let us note three important nuances:

1. The conditions written in the will may be related to the behavior of the heir and not related to his behavior (search for other heirs, permanent residence in a certain city, birth of a child, graduation from university, etc.).
2. The conditions specified in the will and certified by a notary may exist at the time of opening of the inheritance.
3. The conditions specified in the will are insignificant and insignificant for obtaining an inheritance if they contradict the moral foundations of society and the laws.

Please note that the person specified in the will does not have the right to demand (challenge) recognition of the condition as invalid on the grounds that the occurrence of the condition did not depend on him or the heir did not know about them.

The heir has the right to receive property only by fully fulfilling the testator's requirements specified in the document. The conditions must exist at the time of the testator's death, not at the time of the making of the will.

Entry into inheritance without a will and under a will in Ukraine

Testators indicate a variety of conditions in their will. For example, an heir will be able to inherit an apartment only after marriage, after reaching a certain age, after guaranteeing the lifelong residence of another relative in the apartment, after the birth of a child, etc.

What conditions can be written in a will?

The testator's requirements for the heir must be definite, lawful, and feasible, namely:

1. Certainty of the requirement - the testator must clearly describe the actions that a person must perform in order to receive an inheritance, or events that must occur regardless of the actions of the heir.

2. The legality of the condition is determined by Part 2 of Art. 1242 GKU (link provided above). According to Article 1242, the testator's claim specified in the will is void if it is illegal and immoral.

3. Feasibility of the requirement - the heir must be able to actually fulfill the conditions of the testator or the event can actually come true. Notaries point out that in practical notarial work, the feasibility of the testator’s requirement is not a legal concept, but rather only a subjective and evaluative one.

Note that the condition written in the will of the testator can be both an event and an action. In the second case, the claim is related to the behavior of the heir and, by its legal definition, is a transaction.

Based on the above, the terms of the will can also be viewed through the legal prism of Ch. 16 of the Civil Code of Ukraine “Transactions” to the extent that the requirements for the heir do not contradict the essence of the legal relations under study.

What is the difference between a condition and a disposition in a will?

A testamentary disposition, in most cases a testamentary disposition, is legally very different from a will with a condition.

The legal difference between them is that a testamentary refusal, unlike a condition in a will, does not affect the heir’s right to inherit, but only creates an obligatory legal relationship between the legatee (creditor) and the heir (debtor).

1240 of the Civil Code, aimed at achieving a socially useful goal, the difference between them is similar to that given above - a testamentary assignment does not imply that a citizen has the right to receive an inheritance.

• Conclusion: a will with a condition (requirement) can be considered by a notary as a type of testamentary disposition and, at the same time, as one of the grounds for certifying the occurrence of the corresponding legal fact (legal relationship).
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News (article) “ How to specify the conditions for receiving an inheritance in a will? (notary’s explanation and sample) » prepared by journalists from the publication Business portal fdlx.com

2018-08-24 22:50:08, page last updated: 06/17/2022 15:25:41

Making a will for an apartment

A citizen who wishes to draw up a will for an apartment should become familiar with the specifics of its preparation. Russian legislation establishes and defines:

1. the specific procedure for making a testamentary disposition;
2. required form ;
3. circle of possible heirs ;
4. basic rights and obligations of the testator.

To formalize his will, the testator will need to collect a certain list of documents . In order to give legal force to a will, it is necessary to notarize the act, in the process of official certification of which the notary :

• will check the correctness and literacy of the testamentary disposition;
• will explain to the person applying for the service the important legal aspects of inheritance legal relations.

A citizen who decides to draw up a will has the right to make it at any convenient time; the testator also has the opportunity to partially change or completely cancel the document drawn up.

Features of drawing up a will

A will is a document that contains a citizen’s personal wishes regarding the disposition of his property after death.

The testator has the right to indicate as an inheritance everything that is in his property, to determine the shares of the heirs in any way, to cancel or change the executed document (Article 1119 of the Civil Code of the Russian Federation). When drawing up a will, it is necessary to strictly comply with the requirements of the legislation of the Russian Federation, namely:

• Written form is required.
• Certification of the document by a notary.
• The will is drawn up personally, representation is not allowed .
• A document may contain an order of only one person.
• Participants in the corresponding unilateral transaction (notary, witnesses, translator, etc.) should observe testamentary secrecy , that is, before the opening of the inheritance, not disclose information regarding the contents of the document (Article 1123 of the Civil Code of the Russian Federation).
• A citizen who draws up a testamentary disposition must have full legal capacity at the time of its execution.
• It is necessary to respect the interests of close relatives and dependents (spouse, parents, children); these citizens have the right to an obligatory share in the inheritance, which the owner of the property does not have the right to deprive them of (Article 1149 of the Civil Code of the Russian Federation).

• Without fulfilling the above conditions of current legislation, the will will be considered invalid or without legal force.
• Interested parties have the opportunity to challenge a testamentary disposition exclusively in court .
• A citizen who decides to bequeath an apartment has the right, at his own discretion, to determine heirs, who can be:

• Relative or stranger.
• Legal entity, for example, a charitable foundation.
• Citizen of the Russian Federation or a foreign country.
• Russian Federation, constituent entities of the Russian Federation, municipalities.

In accordance with Art. 1119 of the Civil Code of the Russian Federation, the testator is free to determine the circle of heirs. He has the ability to disinherit , change or cancel a testamentary disposition.

At the same time, the owner of the property does not have the right to leave without inheritance those who, according to the law, are entitled to a compulsory share , these include:

• disabled or minor children of the testator;
• disabled husband or wife;
• parents who are unable to work;
• persons who are dependent on the testator for at least a year before his death, regardless of joint or separate residence;

The above-mentioned citizens inherit at least half of the share that would be due to each of them upon inheritance by law, regardless of the content of the testamentary disposition.

Example

Citizen G. turned to a notary to draw up a will, in which he wished to transfer the apartment he owned to his cousin. After the death of Citizen G.

and the opening of the inheritance, the testator’s ex-wife contacted the notary, who reported that the deceased had a minor daughter and provided the child’s birth certificate.

The notary was not able to allocate the obligatory share, and referred this issue to the court.

During the trial, the court determined that the daughter of Citizen G. has the right to inherit at least half of the real estate, that is, 1/2 of the total area of ​​the apartment.

A person can register in the will another inherited citizen (sub-designated) in case the designated heir refuses the will or dies before the opening of the inheritance.

The will must be made in writing , and the specific form of this document directly depends on its type:

• Notarized testamentary disposition .
• Will drawn up in emergency circumstances, for example, military action, terrorist attack. In this case, a simple written form is acceptable, but the document:
  • must be written in one's own hand;
  • signed by the testator and two witnesses.
• Closed will. No one other than the person who wrote the document has the opportunity to familiarize itself with its contents.
• A testamentary disposition certified by an authorized employee of an executive or municipal authority. This form is possible if there is no notary in the locality where the testator lives.
• A will that is equivalent to a notarized will, for example, if a citizen is being treated in a hospital, then the act can be officially certified by the chief physician of the medical institution or his deputy.
• A testamentary disposition of rights to funds stored in a bank must be signed by the depositor himself, indicating the date of execution and certified by an employee of the banking organization authorized for such an action.

1. It is important that in any of the above cases, if the testator expresses a desire to invite a notary and there is a real and reasonable opportunity to fulfill such a request, those who have the right to certify the document are obliged to take all necessary measures to fulfill the corresponding will.
2. Violation of the requirements of current legislation for the form of a will may lead to the invalidity of this document.
3. The current legislation of the Russian Federation has established a certain procedure , which is mandatory for all citizens who decide to transfer their property, including an apartment, by will:

1. The document is drawn up by the testator personally, in writing. A notary can write a will from the words of the client, with the latter being required to familiarize himself with it.

   The text must contain characteristics of the real estate (address, area, cadastral number), it is necessary to indicate the passport details of the person who transfers the inheritance and information about the recipient.

2. The will is certified by a notarial authority, which verifies the legality of its contents, correctness of execution, and establishes the legal capacity of the testator.
3. When certifying a testamentary disposition, there may be witnesses, in which capacity they do not have the right to act:
   • incompetent and illiterate citizens;
   • persons in whose favor the document is drawn up;
   • notary, etc.
4. A will must express the will of only one person .
5. The place and date are required to be indicated .
6. When recording or writing a will, you can use any technical means , for example, an electronic computer.
7. The will is signed by the testator himself . If, due to, for example, physical disabilities, he is not able to sign, then such an action can be performed by another person (the person applying the hand).
8. After drawing up a testamentary disposition, the notary registers the document in the registry, keeps one copy for himself, and transfers the other to the testator.

The text of the will is kept secret and is not subject to disclosure until the death of the owner of the property.

The heir who has accepted the apartment by testamentary disposition receives from an authorized notary officer a certificate of the right to use the real estate.

Documents for bequeathing an apartment

To draw up a will for an apartment in accordance with current legal norms, you will need to collect a certain list of information , namely:

• The identity document of the testator is a valid internal passport of a citizen of the Russian Federation.
• Information about the persons to whom the real estate is transferred should be indicated, if possible, detailed data (last name, first name, patronymic, address of registration, contacts).
• If the testator (citizen of the Russian Federation) permanently resides outside of Russia , then he can present a foreign passport to draw up a testamentary disposition.
• A document certifying the rights to the apartment (extract from the Unified State Register of Real Estate).
• The notary has the right to request from the testator a certificate from a psychoneurological dispensary. The document is not required to be presented, but if it is available, it will be impossible in a practical sense to challenge the will due to the incapacity of the maker.

An extract issued by drug treatment or psychoneurological institutions is not a sufficient basis for defining a citizen as legally incompetent ; a person can only be recognized as such by a court decision.

The current legislation does not have any restrictions regarding how many times a citizen has the right to make a will. The testator, at his own discretion, without giving reasons and at any time, has the right :

• Cancel a previously executed document, in whole or in a certain part.
• Change testamentary disposition.

• A will, in which there are no direct instructions to cancel the previous one, annuls the terms of the previously drawn up act, in provisions that contradict the new content.
• If a will is declared invalid , then the inheritance is carried out in accordance with the previously certified document.
• An inheritance deed can be canceled by writing an order for the loss of its legal force.
• The legislator has determined that the latest version of the document is valid .
• The owner of the property is not obliged to inform anyone about the execution, maintenance, change or cancellation of the will.

Notarization of a will

In accordance with the general requirements for the execution of a will, this act is subject to mandatory notarization . The document is certified by a notary employee subject to a certain procedure , namely:

• The testator draws up a will himself, or, in his words, an authorized person reproduces the text of the document. At the same time, the parties have the opportunity to use the necessary technical means.
• The client must be familiar with the will, which is written by a notary.
• The act of disposing of the inheritance must be signed by the testator himself, and if it is impossible to perform this action, with the assistance of the hand-applyer.
• An employee of a notary office informs the client about the persons who have the right to an obligatory share in the inherited property.
• A witness may be present when making a will . In this case, the document is signed by the invited person, indicating in the text his passport data (name, surname, patronymic, place of residence).
• The notary warns those who know any information about the need to maintain the secrecy of the will.

A citizen of the Russian Federation who is abroad and has expressed a desire to draw up a testamentary act has the right to apply to the consular office of the Russian Federation to certify the document.

The cost of the corresponding services of a notary body is 100 rubles (clause 13 of Article 333.24 of the Tax Code of the Russian Federation).

Deadlines for making a will

The legislation does not provide for . Each citizen independently decides the issue of the need to draw up an inheritance order and the time for making it.

If, during his lifetime, the testator took care of who and in what share his property would go, then the heirs should take into account the following:

• The immediate moment of opening the inheritance is the day of the person’s death.
• Interested parties have six months to accept or reject the property bequeathed to them.

If the period determined for accepting inherited property is missed , the legislator provides for the possibility of restoring this period on the basis of:

• Written and unanimous consent of all those who have already entered into inheritance rights to include a new heir.
• Court ruling.

1. The statute of limitations during which there is a legal opportunity to challenge a will is three years.
2. A will is an act of expression of the will of a citizen to transfer his property after death
3. The Civil Code of the Russian Federation formulates specific requirements for both the maker of a will and the content and execution of the corresponding document.
4. The testator must personally participate in the process of making a disposition; the owner must have full legal capacity and be aware of the significance of his actions.
5. The representative of the notarial body, certifying the will, checks the legality of its provisions, explains the procedure for drawing up the act, the rights and obligations of the testator.
6. In accordance with the current rules of law governing inheritance relations, the testator, at his personal discretion, at any time and without giving reasons, has the right to partially change or completely cancel his order.

Will with the condition of lifelong residence

My uncle named me as an heir in the will of his apartment. Having contacted a notary, I found out that I can become the owner of a residential premises only if the right of my uncle’s brother to live in this property for life is respected.

Tell me, is it legal to indicate such a condition in the will, and can I, as the future owner of the apartment, deny the testator’s relative the lifelong right to use the property? The legislation provides for the right of the testator to independently determine the content of the order, including the testator having the opportunity to indicate in the text the provision on the transfer of the apartment, subject to certain conditions. Even if you are the owner of real estate, you will not be able to prohibit your uncle’s brother from living in the premises.

At the same time, you have the right to accept the bequest in full, or refuse it altogether.

How to bequeath real estate

For many, real estate is the main material value, a guarantee of decent living conditions. It is quite natural to want to transfer an apartment or house after death to your children or people dear to us. For this purpose, a will is used, the requirements for which are regulated by law.

Unfortunately, the practice of challenging a will is widespread. This happens after the death of the testator, when he himself can no longer give orders. Therefore, when going to a notary to express your will, you should carefully study all aspects of drawing up a will.

What can be bequeathed

You can bequeath any property, both residential and commercial. You can dispose of all or part of your property, or even the property that you are just planning to purchase.

Obviously, you can only bequeath your own property. In this case, it is necessary to remember the regime of joint property of spouses. For example, a spouse is listed on the certificate of ownership of an apartment, but the property was acquired during the marriage. This means that in the will the wife can not dispose of the entire apartment, but only her part.

Who can be bequeathed to?

In Russia there is freedom of will. You can leave your property not only to relatives, but to any acquaintances and even strangers. A legal entity can also become an heir. There are often cases when citizens wish to transfer property to a museum, charitable foundation or state.  

You can indicate in the will a single heir or appoint several persons as your heirs, defining their shares.

What if the principal for some reason does not accept the inheritance? A prudent testator may appoint a “spare” heir. In the law this is called “appointing an heir.” For example, a father bequeathed his property to his daughter and appointed his daughter’s son, that is, his grandson, as a backup heir.  

The grandson will be called to inherit in the following cases:

• if the main heir of the testator dies before or at the same time as her father,
• if the daughter is recognized as an unworthy heir,
• if the daughter does not accept the inheritance, she will miss the deadline for accepting it or inform the notary about her refusal to accept the inheritance.

In all these cases, the property will pass to the grandson. Even if the daughter has other heirs, they will not be able to claim the property. Thus, thanks to the mechanism for sub-appointing an heir, only the one whom the testator wanted to become the owner of the property.

How to make a will

Russian legislation establishes unambiguous requirements for a will: written form and notarization. The law allows for a will to be certified by another person, for example, the chief physician of a hospital or the commander of a military unit, only in emergency cases.

To dispose of your real estate, you can contact any notary, not necessarily at your place of residence or location of the property.

A will can only be executed in person. A will by proxy or through a representative is not provided. An important condition is a handwritten signature on the document. If desired, the will can be executed in the presence of a witness. This is done in order to reduce the risk of the will being declared invalid in the future.

If the testator wants to simplify the future acceptance of the inheritance, he can (but is not obliged!) to inform the heirs about which notary the will is kept with.

Will with encumbrance

We are talking about various conditions with which the testator supplements his will. For example, a mother bequeaths a house to her son and imposes on him the obligation to grant the right of lifelong residence in the house to his father. Or take care of your pet.  

There are conditions that cannot be specified in a will. For example, you cannot oblige an heir to marry someone, or vice versa, not to marry. It is not possible to prohibit the sale or rental of inherited real estate. In other words, the rights and freedoms guaranteed by the Constitution of the Russian Federation cannot be limited.

Secret of the will

According to the law, all persons involved in the execution of the will of the testator, including the notary and witnesses, are obliged to keep secret any information relating to the will until the opening of the inheritance.

If the testator wants to completely protect himself from disclosure of information, he can draw up a so-called closed will.

The procedure is as follows: the testator draws up, signs the will, seals it in an envelope and, in the presence of two witnesses, hands it over to the notary.

The notary seals it in another envelope and formalizes it properly. Thus, only the testator himself will know the contents of the document.

Changing and canceling a will

Even by bequeathing your property, you are its full owner. If you want to change or completely cancel the will, the law does not limit you to this. You can change your mind as often as you like.

Draw up a new will, and then the previous one will cease to be valid. If a citizen changes his mind about bequeathing real estate to someone, an order is drawn up to revoke the will.

The only condition is notarization of such a document.

Recommendations

A will is a tool with which you can ease the worries of your heirs.

At the same time, an illiterate or incorrectly executed will can, on the contrary, complicate their life or leave them without the property they are entitled to.

Therefore, we recommend using the services of professionals who know all the intricacies of legislation and practice. One visit to specialists can save your heirs from painful disputes and litigation.

Will with a condition - example, in the Russian Federation, sample, lifelong residence, testamentary refusal

A will is a document that confirms the free will of the testator regarding his property after death.

If it is drawn up with a condition, then the possibility of receiving an inheritance arises only after its occurrence.

Inheritance is the process of entering into inheritance rights in accordance with Article 1110 of the Civil Code of the Russian Federation. The possibility of carrying out these actions begins from the moment the inheritance is opened.

If the testator has made a will, inheritance is carried out in accordance with his will.

When there is no such document, the heirs receive the inheritance according to the law.

Civil Code of the Russian Federation

The Civil Code of the Russian Federation is a fundamental legal act that regulates the process of drawing up and certifying a will, as well as entering into inheritance rights.

Its norms are generally binding.

A will will be recognized as valid only if it was drawn up in accordance with the rules of the legislator.

Chapters 61-65 of the Civil Code of the Russian Federation are devoted to issues of inheritance law.

Appointment of heirs

The appointment of heirs under a will is an issue that the testator decides at his own request (based on Article 1118 of the Civil Code of the Russian Federation). In this document, he can indicate who and what inheritance property has the right to receive.

The testator may deprive one, several or all heirs of the rights to inheritance. The legislator clarifies that it is not necessary to indicate the reasons for these actions.

Regardless of who was appointed heir, the rule on the compulsory share, which is awarded to a separate category of citizens in accordance with Article 1149 of the Civil Code of the Russian Federation, will be applied.

Decor

The execution of a will is carried out according to the rules of civil law.

In accordance with current regulations, this document must meet the following requirements:

• be in writing;
• be certified by a notary or officials who have the right to perform notarial acts;
• be drawn up by the testator personally and signed by him.

A will that was drawn up in violation of the mandatory conditions is declared invalid (in accordance with Article 1131 of the Civil Code of the Russian Federation).

Will with condition

The legislator does not prohibit the testator from drawing up a will with a condition. This means that he can make the fact of accepting an inheritance dependent on some circumstance.

A condition or action can be of both a property and non-property nature.

They may concern:

• execution of orders;
• performing actions;
• the occurrence of objective events.

Conditions that are contrary to the norms of current legislation or morality should not be included in the will.

Example

Let's look at specific examples of a will with a condition:

1. Antonov A.V. in his will he indicated that his son Antonov G.A. will be able to receive his share of the inheritance upon reaching the age of 18. If at the time of opening the inheritance he has not reached the age of majority, this share will be inherited by his mother, Antonova N.K. In this case, the condition is associated with objective events.
2. Petrov I.K. when drawing up the will, he determined that his daughter Petrova A.I. will inherit a car only if he becomes the owner of a higher education diploma. This condition is suspensive. After the opening of the inheritance and until the property is accepted, some time may pass. During this period, the safety of the object is ensured by the contractor. That is why Petrov I.K. As such he appointed his wife, V.L. Petrova.
3. Ivanov V.P. in the will he determined that his wife Ivanova K.I. can receive an inheritance only if he does not enter into another marriage. This condition limits the right of the heir, which is approved by family law. That is why it will be declared invalid.

Sample

It is difficult to draw up a single standard will.

In each specific case, the testator expresses his own wishes regarding its content:

1. The testator can independently draw up a will, which will be verified by a notary.
2. The authorized person will speak out about existing contradictions and those provisions that may be misinterpreted.

A notary will assist in the preparation of a will if the testator was unable to prepare it on his own.

An authorized person will tell you how to correctly formulate your order and draw it up in a legally competent manner. This will avoid problems with registration of inheritance.

Here you can download a sample will with conditions.

Lifetime residence

• In accordance with Article 1137 of the Civil Code of the Russian Federation, the testator has the opportunity to assign an obligation to the heirs, which is fulfilled at the expense of the inheritance.
• Legatees are certain citizens in whose favor these actions are carried out.
• They have the right to demand the fulfillment of obligations assigned to the heirs.

The will may provide for the lifelong residence of a person in residential real estate included in the estate.

The testator can determine the right to use the entire object or some part of it.

Testamentary refusal

The will may provide for the obligation of the heirs to perform actions of a property nature in favor of one or more persons at the expense of the inherited property.

The following actions can be defined as a testamentary refusal:

• transfer to the legatee of a certain thing, which is included in the inherited property;
• purchasing for the legatee and providing him with any property;
• performing work for the legatee or providing him with a service;
• payment of regular payments to the legatee;
• granting the right of lifelong residence.

The right to bequeath a legacy may be acquired exclusively by the legatee or another person specified by the testator.

Secret

Article 1126 of the Civil Code of the Russian Federation establishes the concept of a closed will. In accordance with the norms of civil law, the testator can make a written order about the fate of his property without presenting it to other persons, including a notary, for review.

If the secret will was not drawn up in person and signed by the applicant, then it is considered invalid.

It must be handed over to the notary in a sealed envelope in the presence of two witnesses who are required to confirm this fact with their signatures.

1. The will is placed in another envelope, on which the notary puts his signature, and also indicates information about the testator, witnesses, place and date of its adoption.
2. The testator receives from an authorized person a document certifying the fact of the transfer of his written will on the fate of the inherited property.
3. After the death of the testator, the notary is presented with a certificate of his death:

• on the basis of this document, the inheritance is opened in the presence of two witnesses;
• Interested persons from among the legal heirs may participate in this process.

After opening the envelope, the will is read, and then the notary draws up a protocol, which is signed by the witnesses.

FAQ

Special conditions in a will have always raised a lot of questions among both testators and heirs. Let's look at some of them.

Trustee for the heir

• After accepting the inheritance, the heir becomes its full owner.
• In accordance with the norms of civil law, this right is absolute and presupposes the free disposal of a particular object.
• The trustee will limit the powers of the owner, which is unacceptable.

Condition for marriage

The will may make provision for marriage. But it should not limit the interests of the heir.

The need to register a marriage with a certain person is a restriction of the right to freely marry.

This condition is invalid and may be recognized as such in court.

In the video about testamentary refusal

Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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