Which is better: a will or deed of gift?To answer this question is to take into account the many nuances.Unfortunately, the citizen who does not know the intricacies of the law, often confuses these similar concepts.To incidents nobody else did not arise, we decided to consider these two terms.
Last Will
should be noted that the law allows to bequeath property to anyone, be it a relative, friend or neighbor.Testament - is available to the citizen, in which it determines the fate of their property in case of death.This property, or other things that a person intends to transfer by inheritance, of course, should belong to him by right of ownership.
last will of the testator must necessarily be notarized.Exceptions to this rule can only be one thing - if the testator is in a situation that threatens his life and because of this situation, he is not able to assure its disposal.In this case, his last will may be made in writing simple form.
To understand better the will or deed of gift, you need to deal with the powers of a citizen who is going to issue the document.As is known, the owner of the property is entitled to determine the proportion of successors, as well as to disinherit without reason.It is worth noting that the testator may exercise the right to so-called "legacy".That is, he has the ability to bind specific individuals to perform some action.For example, wants to convey the testator heir Ivanov house, but with the condition that he provide Sidorov right to life of living in this home.
In addition, a will - a document that can not be undone.Stop its action can testator himself by writing a new order with other contents.Or it may even completely terminate such an instrument.Therefore, to cancel or change the order of the transfer of property can be any number, but only at the request of the testator.
advantages wills
If we talk about what is best, a will or deed of gift, it is worth noting that the first option has undeniable advantages for the owner of the property.The most important of them - after making a will a person does not cease to be the legal owner of the apartment, house, etc.The heirs will be able to re-register over ownership until after his death.
Moreover, freedom of the will is capable of some limited provisions of the law.So, if the testator are disabled or minor children, dependents or unemployed parents, wife (husband), then such a person (regardless of the content of the will) receive a mandatory part of the property of the deceased, that they were entitled to by law.
Also remember - if at the time the order that person was registered in the drug or mental hospital, it is the will in the future can be challenged in court by his relatives.If the court finds the will invalid, its provisions are, of course, will not be applied.The property would then be shared exclusively between the legal heirs.
What is gift certificate?
What is different from the gift certificate will?To understand their differences, first you need to figure out what is the deed of gift.Such a transaction requires that the owner of something free transfers its assets to another person (the donee).To witness such a transfer is equal to the deed of gift in writing a simple form.After that, the transfer of ownership registered in the Rosreestra.
essential difference between a will and a dedication is that in the event that the second document a person becomes the full owner of the car, cottages, houses and so on. D. Immediately after the registration of the contract.The presenter, respectively, ceases to be the owner of his property.
In choosing the donee no limits.Send free housing, or transportation business can be anyone - his wife, nephews, children or even complete stranger.This can be a Russian citizen and a stateless person or a foreigner.
Who benefits deed of gift?
Like it or not, but for the owner of the property donation agreement is less preferred.There are cases when the receiver received property as a gift, just kicked out into the street the previous owners.
difference donation of wills that the latter is always easy to cancel, but the first to break the contract can only be in court.Gift has other limitations.For example, when it comes to assets accumulated during the marriage, then it is anyway considered matrimonial property and pass it only with the consent of the wife or husband.
important aspect worth noting that if there is a will, then all the good acquired by the deceased go to the heirs at law.The first category successors are spouses, children and parents.In total there are as many as eight steps heirs.If no relatives of the first stage, the property will get the second successor, unless such would - third, etc.There may also be situations where their rights to impose family property, of which the deceased did not even know.
to start a legacy, you need to go through several mandatory steps - that's more than a gift certificate is different from the will.The property taken six months after the death of the testator.After that you need to collect an impressive package of documents: a certificate from the BTI, Rosreestra, tax and other papers.And only after obtaining a certificate of title to the objects which the deceased bequeathed begins drawing on the new owner.
financial side
can not be written off, and costs.Let's find out: a will or deed of gift - which is cheaper?
If you make a donation contract with the help of lawyers, it will cost from 2 to 5 thousand. Rubles.If you wish to notarize the transaction, be prepared to shell out 0.5-1% of the property value for the assessment of BTI.Go right to the property in Rosreestra can assure both independently and through real estate agent, who will have to pay about 5 thousand. Rubles.Also, stamp duty is payable in the amount of 1,000 rubles and the same number for registration of ownership rights.
Moreover, the donee will have to pay personal income tax at a rate of 13% of the assessment of BTI.However, from such a tax exempt close relatives of the donor.
costs bequest
to determine which is better, a will or deed of gift now analyze the costs of the first document.Successor for the design of the will need to spend about 1 thousand. Rubles, and the same amount of state duty.And also:
- 0,3% resulting from the property, but not more than 100 thousand. Rubles for the children, spouses, parents, brothers and sisters;
- 0,6% of the inherited "good", but not more than 1 million rubles for the other categories of heirs.
If you wish to carry out this procedure with the help of realtors, you have to spend a minimum of 5 thousand. Rubles.
Results.What's more profitable: a will or deed of gift?
It turns out that for close relatives cheaper will donative.If we talk about other individuals (distant relatives or friends), then it is better to draw a will.
