There are two ways of transfer of ownership of a deceased person - inheritance by will and by law.
Testament - a one-sided deal, which is the expression of the will of the testator, aimed at the disposal of its property in case of death.One of the features of this transaction is that testamentary succession is not from the time of its conclusion, and only after the death of a person, it has committed.Citizen can bequeath property to anyone: family, friends, acquaintances, even to legal entities and international organizations;may specify in a will one or more persons to deprive someone of inheritance, podnaznachit heir in case of death of the primary.
procedure for drawing up wills
This document must be issued in writing and personally signed by the testator in the presence of a notary is required to any other person authorized to certify it.To do this, contact a notary's office or, in the case of absence of the place where the testator in the local administration.Replace the notary in the commission of such transactions may also chief physician - provided a citizen treated in hospital, the captain of the ship - while sailing, and for citizens in the Arctic and exploration expeditions, their boss.It will be made in duplicate, and one of them remains in the testator and the other at the notary.
Testamentary succession is possible only if the testator capacity, which should establish a notary.
In drawing up a will must be remembered that the law establishes a range of heirs entitled to a compulsory share, which amounts to no less than half of what it would be due to inheritance by law.
Such persons include disabled spouse, parents of the testator, dependents, as well as minor children.
If the will was drawn up without such heirs, enforcement is only part of the assets remaining after the elimination of mandatory shares.
If the testator has ordered only part of the property owned, the share of mandatory release of not bequeathed part, and if it is not enough - because bequeathed.
Testamentary succession and its execution
usually the responsibility of the execution of the heirs themselves, but may be appointed executor (executor of the will), which should give consent.In drawing up a will in this case, it specifies the action, as well as rights and responsibilities.Benefits he receives and has the right only to reimbursement of the costs incurred by the estate.
Change and Cancellation of wills
This document may be canceled at any time of the testator or changed in two ways.Whether applying for a notary public on the abolition of the previously drawn up a will or a new certificate.
apartments Inheritance by will
In the event that the heir under the will went flat, he must within six months after the death of the testator to apply to the notary.If you have good reasons, and the period is missed, it can be restored through the courts.You need to contact the notary who certified the will.You will need to provide a passport for it to verify the identity of the heir.If the latter resides in another city and can not or does not wish to collect their own documents and the registration of the apartment, it can authorize it for someone else, having issued him a power of attorney by any notary.It can revoke the power of attorney at any time.
inheritance under a will can be challenged in court interested parties whose rights are in any way infringed upon, which for this purpose should refer to the statement of claim.
