Which is better: a testament or a gift?You can answer this question, given the many nuances. Unfortunately, a citizen who does not know the subtleties of legislation often confuses these close concepts. To make incidents no one else have, we decided to consider these two terms.
It should be noted that the law allows to bequeathproperty to any person, whether it is a relative, friend or neighbor. A will is an order of a citizen in which he determines the fate of his property in the event of death. At the same time, real estate or other things that a person plans to pass on by inheritance, of course, should belong to him by right of ownership.
The last will of the testator must necessarilynotarized. The exception to this rule can be only one - if the testator is in a situation that threatens his life, and because of this situation, he is not able to pledge his order. In this case, your last will can be made out in writing in a simple form.
To understand which is better, a will orcommitment, you need to understand the powers of the citizen who is going to issue this document. As is known, the owner of the property has the right to determine the shares of the successors, as well as to deprive of the inheritance without specifying the reasons. It is worth noting that the testator may exercise the right of the so-called “testamentary refusal”. That is, he has the opportunity to oblige specific individuals to perform some actions. For example, the testator wants to give the heir Ivanov a house, but with the condition that he will give Sidorov the right to live in this dwelling for life.
In addition, a will is a document thatcan not be canceled. The testator himself can stop his action by writing a new order with a different content. Or he may even completely terminate the operation of such a document. Consequently, it is possible to cancel or change the order on the transfer of property any number, but only at the will of the testator himself.
If we talk about what's better, a will orgift, it is worth noting that the first option has undeniable advantages for the owner of the property. The most important of them is that after making a will, a person does not cease to be the legal owner of his apartment, house, etc. The heirs will be able to re-register the ownership of themselves only after his death.
Moreover, freedom of will is capablelimited to certain provisions of the law. So, if the testator has disabled or minor children, dependents or disabled parents, a spouse (spouse), such persons (regardless of the content of the will) will receive an obligatory share of the deceased’s property that would be due to them.
Также нужно помнить - если в момент составления if this person was registered in a narcotic or psycho-neurological dispensary, then such a declaration of will may be challenged in court by his relatives. If the court recognizes a will as invalid, then its provisions, naturally, will not apply. In this case, the property will be divided exclusively between the legitimate heirs.
What is different from the gift of testament?To understand their differences, you need to find out first what the donation contract is. Such a transaction implies that the owner of something transfers his property to another person (donee) for free. In order to witness such a transfer, a gift agreement is drawn up in a simple written form. After that, the transfer of ownership is registered in Rosreestra.
Существенная разница между завещанием и The deed of gift consists in the fact that if a second document is drafted, a person becomes the full owner of the car, the dacha, the house, etc. immediately after the conclusion of the contract. The donor, accordingly, ceases to be the master of his property.
В выборе одаряемых никаких ограничений нет.You can donate housing, business or transportation to anyone — your wife, nephews, children, or even a stranger. This can be either a resident of Russia or a stateless person or a foreigner.
Like it or not, but for the owner of the propertythe deed of gift is less preferred. There are cases when receivers, having received property as a gift, simply expel the former owners to the street.
The distinction of the deed of will and testament is thatthe latter is always easy to cancel, but to break the first contract can only be in a judicial order. Gift has other limitations. For example, if we are talking about property acquired during a marriage, it is in any case considered to be the common property of the spouses, and can only be transferred with the consent of the wife or husband.
It is worth considering that if there is no will, then allthe acquired good of the deceased will pass to the heirs according to the law. The first category of successors are spouses, children and parents. There are a total of eight steps heirs. If there are no relatives of the first stage, then the property will be received by the second successors, if not those will turn out - the third, etc. There may also be situations when relatives, about whom the deceased did not even suspect, claim their rights to property.
To enter the inheritance, you need to goSeveral mandatory steps - this is another difference between the deed of will. The property is accepted six months after the death of the testator. After that, you need to collect an impressive package of documents: certificates from the BTI, Rosreestra, tax and other papers. And only after receiving a certificate of ownership of the objects that the deceased bequeathed, the registration of the new owner begins.
You can not write off and financial costs. Let's find out whether a testament or an endowment — which is cheaper?
If the contract of donation to draw up withlawyers, it will cost from 2 to 5 thousand rubles. If you wish to notarize the transaction, get ready to pay 0.5-1% of the value of the property for BTI valuations. The transfer of the right to real estate in Rosreestre can be assured both independently and through a realtor, who will have to pay about 5 thousand rubles. Also paid the state fee in the amount of 1000 rubles and the same for registration of the right of ownership.
Moreover, the donee will be obliged to pay personal income tax in the amount of 13% of the BTI assessment. However, the donor’s close relatives are exempted from this tax.
To decide which is better, a will orcommitment, now let's analyze the costs of the first document. The successor for the will will need to spend about 1 thousand rubles and the same amount of state duty. And:
If you wish to carry out this procedure with the help of realtors, you will have to spend at least 5 thousand rubles.
It turns out that a deed of gift will be cheaper for close relatives. If we talk about other persons (distant relatives or friends), it is still better to issue a will.
