Closed will: what kind of document is given to the heirs when the testator draws up such an expression of will, what is a sample document?

Property legally owned by the owner can be transferred to third parties as an inheritance. This can be done by order of succession or on the basis of a will. A document prescribing the transfer of ownership rights to certain persons has legal effect, regardless of the circumstances under which it was drawn up. To avoid problems when registering an inheritance, you need to know how to write a will without a notary, the sample of which is not fixed.

What property can be transferred

The law does not limit the possibility of transferring one or another type of property or property rights in a closed document. The objects specified in it may be:

real estate, both residential and non-residential;
funds, both cash and accounts in various credit institutions;
securities;
transport;
any movable objects;
other property, including not only property rights, but also other property rights.

It is prohibited to inherit rights that are inextricably linked to a person. For example, alimony, monetary compensation due personally to the testator, etc. Objects that require permission to own, for example, weapons, are transferred if the heir has the appropriate license. Otherwise, such things will be implemented and the funds will be transferred to the applicant.

The estate includes not only the rights, but also the obligations of the testator. Thus, loans that the deceased took out during his lifetime will be repaid by the heirs, but with some restrictions. The creditor cannot demand from the heir more than the value of the rights transferred to him.

To whom can property be bequeathed?

The definition of a will includes clarification of the unilateral procedure for expressing the will. The owner of the property has the right to bequeath everything to a stranger who is not a relative or family member. You can also bequeath an inheritance to any organization, legal entity, or state. You can also deprive certain heirs of the right to own the property of the testator by your order. You can leave everything to the conceived child who has not yet been born and is in the womb.

It would also not hurt to indicate the designated heir. This is done in case the main heir dies before the will comes into force or for other reasons is unable to take possession of the inheritance. Property can be distributed in any way among the heirs designated in the will. Divide an apartment into shares, for example. Or give an apartment to one son, cash investments to another. Usually a will is drawn up for all property.

Do not forget that there is property acquired jointly during marriage. This includes movable and immovable property, securities, shares in capital, deposits in credit and commercial institutions and organizations. This also includes all income from any type of activity of the spouses, labor, intellectual, entrepreneurial, pensions, benefits, subsidies, amounts received as a result of compensation for damage.

In the possession of one of the spouses is only everything acquired before the marriage, or received during the marriage as a result of donations and other types of gratuitous transfer of property and valuables.

First, the personal property of the testator is inherited and only then his share of the property acquired jointly during the marriage.

Is it possible to challenge a closed will?

It should be understood that a closed will is much easier to challenge than a regular will. The fact is that the process of drawing up such a document falls entirely on the shoulders of the testator, and the notary does not have the opportunity to make adjustments. Often citizens, out of ignorance, make gross mistakes when writing orders. It is because of such errors that the document may subsequently be declared invalid.

Let's consider common grounds for challenging testamentary dispositions:

The text was typed on a typewriter or typed on a computer. Such an order is automatically considered void.
The testator indicated in the document property that does not belong to him.
The will does not have the signature of the maker.
There are no witness signatures on the envelope with the order.
At the time of writing the order, the testator was incapacitated.

Is it possible to write a will without a notary?

The law establishes the option of issuing an order without familiarizing the notary with the contents of the document. A closed will can be drawn up without the direct participation of a notary. However, the document is subsequently handed over in an envelope to the notary. Witnesses must be present during the transfer.

The testator has the right to write a will without a notary. Art. 1127 of the Civil Code of the Russian Federation establishes a list of persons who have the right to certify a document.

Cases of drawing up an order without the participation of a notary

No.	Testator's situation	Person authorized to certify a will
1	Long-term treatment in a medical facility	The head physician of the hospital or his deputy (if there is an official order to perform duties), the doctor on duty of the medical institution
2	Citizens who live in nursing homes	Director of the institution, doctor on duty
3	The subject is on a long voyage on a ship that belongs to the Russian Federation	Captain of the ship
4	A man undergoes military service	Unit commander
5	A citizen is sentenced to imprisonment and is serving time in prison	Head of the GUFSIN institution
6	Subject is on an exploration/arctic expedition	Head of the expedition or head of the field base
7	The person lives in a territory where there is no notary office	Head of local government or compulsory health insurance specialist
8	If a person wishes to write off a monetary contribution, then he can make a testamentary disposition	The document is drawn up directly at the bank branch where the funds are deposited. The order is certified by an authorized employee of the financial institution. The document has the force of a notarial will. Inheritance of the deposit is carried out in accordance with the general procedure. Funds are disbursed at the request of the beneficiary. The basis for withdrawing the deposit is a certificate of inheritance rights.
9	A person who is in emergency circumstances (military action, natural disaster)	If the situation threatens the life of the owner, then he has the right to draw up a will in simple written form. The document is certified by the signatures of 2 witnesses.

The purpose of drawing up a closed will

As a general rule, a closed testamentary document is drawn up for the following purposes:

if a citizen does not want the data contained in it to become known to other people, including a notary;
if there is a real threat to the health (life) of the testator;
if a citizen wants to keep secret the very fact of the existence of a will.

It is important to understand that the whole point of signing a closed will is to maintain the confidentiality of the will of the deceased. In a number of cases, this option for disposing of property is the only possible option to transfer your property to other persons without fear

This method also allows you to get rid of pressure and coercion to change the contents of the will on the part of unscrupulous heirs, who may find out that they are deprived of the inheritance.

It should be taken into account that when deciding to draw up a closed testamentary document, you must comply with all the requirements provided for by law and not disclose information about the contents of the document yourself.

The procedure for transferring the expression of will

The first stage of closed inheritance is the textual registration of the person’s will.
The second stage is the process of document certification. For a closed will, it is necessary to follow the special notarization procedure in accordance with Art. 1126 of the Civil Code of the Russian Federation.

To begin with, the testator must contact any notary office that is located within his place of residence (district), subject or state itself. The notary, for his part, cannot refuse a person to fulfill a request.

All participants in a closed will, including witnesses, provide passports, which are first checked by a notary. You do not need to present any other documents, but if you wish, you can also give a copy of the heir’s passport.

As a general rule, the testator gives the text of a closed will to a notary in a sealed envelope in the presence of two witnesses. Witnesses in accordance with paragraph 2 of Article 1124 of the Civil Code of the Russian Federation must be:

adults;
capable;
literate to understand what is happening;
Russian-speaking.

As a mandatory requirement, it is necessary to include the absence of hereditary interest, i.e. Witnesses should not be close relatives of the testator.

In the presence of a notary, they must leave their marks (full name, address, date, signatures) on the closed envelope. As a final step, the closed envelope is placed in another envelope, where the notary details the following information:

date of;
name and address of the notary office;
Full name of the notary;
Full name, passport details, address of the testator and 2 witnesses;
a note on clarification of Articles 1149 and 1126 of the Civil Code of the Russian Federation;
number of the register where the will is registered;
amount of state duty;
office seal;
notary's signature.

A closed envelope containing the will of the testator is kept by a notary, who is not required to know what is written in the will. However, it is his responsibility to inform the testator about the mandatory share of inheritance in accordance with Article 1149 of the Civil Code of the Russian Federation.

An appropriate inscription is made on the storage envelope. Otherwise, the will of the testator may be declared invalid. The testator should think carefully about the presence of a circle of compulsory heirs who will have to be included in the will.

No deadlines for drawing up or certifying a closed will are established by law. The testator can take advantage of this opportunity at any time, and the notary carries out his actions in the shortest possible time.

A closed will must be drawn up manually on a regular sheet of paper. Electronic format, as well as typewritten text, is not permitted by law, as this may contradict the principle of “freedom of will”.

For the provision of closed will services, a state fee is charged in accordance with Article 333.24 of the Tax Code of the Russian Federation. The amount of state duty is 100 rubles.

It should be noted that in addition to this fee, notary offices charge a fee for technical and legal services provided (consultation, assistance). Double tariffs are also established in cases where the testator wished to execute the document outside the notary’s office.

Typically, services for a closed will are much more expensive than for an open document. Prices for all legal services can be found in advance on the notary firm’s website.

What is given to the testator?

After certifying the document, the notary issues a certificate of acceptance of the will to the testator.

The certificate contains the same information as on the “storage envelope”. No papers are issued to heirs and witnesses.

From this moment on, the notary, as well as 2 witnesses, must keep the will secret. This means that all parties involved do not have the right to disclose:

document contents;
circle of heirs;
fact of execution of a will.

If the secrecy of the contents of a document is violated, then all parties involved bear responsibility for this (Article 1123 of the Civil Code of the Russian Federation). The testator may demand moral compensation, as well as use all legal methods to protect his rights.

What is a closed will, its differences from a regular will

The declaration of will can be drawn up in two forms - open and closed. And it will be valid in any of them. But what is closed is formalized under conditions of special secrecy, which makes it possible to completely conceal its contents.

Dispositions certified in this way differ from an ordinary will in other respects.

Open	Closed
Requirements for a testator	The ability to be accountable for one’s actions (majority, absence of mental disorders, sobriety).	Capacity and adequacy (as in the next column) plus literacy and the absence of physical limitations that prevent the handwritten expression of will.
Writing	By hand, through a personal computer, by the testator or a notary on his words.	From the hand of the testator.
Innings	On A4 sheet(s) of paper.	In a sealed envelope.
Certificate	Signature of the testator/executor and the notary.	The personal signature of the testator is under the text of the will inside the envelope, the witnesses are on the first envelope and the notary is on the second.
Storage	One copy is with the testator, the other is with the notary.	From the notary in a single copy.
Announcement	It is required only if a document kept by the testator is lost and the successors are unaware of its contents.	Done by a notary on the appointed date (no later than 15 days after receiving the testator’s death certificate) in the presence of the heirs at law and at least two witnesses.

Neither witnesses, nor a notary, nor other persons present during the execution of a closed expression of will should see its text. Thanks to this, the strictest secrecy of the document is maintained.

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.

Warning

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)

How to write a will for an apartment correctly

When drawing up an administrative document, you need to take into account the legal requirements:

Will form . The document is drawn up exclusively in writing. Oral transactions regarding inheritance are considered invalid.
Notarization of a document . Moreover, 1 sample remains with the notary, and 2 is given to the testator.
Purposefulness and clarity of the will of the testator . When reading the document, it should be clear that the citizen is transferring property to beneficiaries in the event of his death.

The administrative document must contain:

place, date of compilation;
Title of the document;
citizen registration address;
passport details (series, number, date of issue);
information about the testator;
the essence of the order;
list of property to be signed off (location);
list of applicants (full name, registration addresses);
designation of the shares of property that are due to the heirs;
document number (for notary forms);
link to familiarize yourself with the text of the document;
proof of payment of state duty;
signature of the testator, transcript of his surname.

The contents of the will depend on the preferences of the testator, the volume of the inheritance, and the number of claimants to the property.

Opportunity to challenge

To minimize the risk of challenging a dying order, you should know the procedure for carrying out such a procedure and its features:

it is impossible to begin legal disputes regarding the expression of will before the death of the testator;
this procedure is possible only in court after filing an appropriate statement of claim;
the person with the right of challenge is the heir, who would have the right to receive the property in the absence of a posthumous disposition;
if the expression of will is declared invalid, the document drawn up earlier (if any) automatically comes into force; in the absence of another order, the property passes to the heir of the first priority;
In order to recognize the expression of the last will as invalid, it is necessary to present to the court compelling reasons, which do not include minor flaws in the document that do not change the overall essence.

Advice Before deciding to initiate legal proceedings to invalidate the last will of the deceased, you should carefully weigh all the arguments and soberly assess the chances of success.

Who can be a testator

The following persons have the right to issue orders:

have reached the age of majority;
endowed with full legal capacity;
having an identity document.

Expert opinion

Stanislav Evseev

Lawyer. Experience 12 years. Specialization: civil, family, inheritance law.

If a will is made in a notary's office, then the testator's legal capacity and identity card are checked by the notary. In other cases, the situation is more complicated. The law regulates this issue only in general terms.

For example, if a person finds himself in emergency circumstances, then the main requirement is the presence of 2 witnesses when drawing up an order. However, the Civil Code of the Russian Federation does not say anything about whether witnesses should check the documents or legal capacity (sanity) of the testator. Similar facts are subsequently established in court.

Document legality factors

There are many nuances that the testator must comply with, otherwise the document will not have any legal force.

You need to know that the document must be drawn up personally by the testator, without the presence of any representatives. If the testator is incompetent or partially incompetent, he does not have the right to make a will.
A very important factor in the legality of a document is that the will must be written down by hand and certified by a notary.

If two points are not met, then the testamentary document cannot be considered valid.

If there is no notary in the locality in which the testator lives, then his role can be performed by an official of a local government body or an official of the consular offices of the Russian Federation.

The will is written either by the testator himself or by a notary. The signature in the document can be put by a hand-applier, but only if at the time of drawing up the document, the testator cannot do this independently.

If the testator so desires, then during the preparation of the testamentary document, in addition to him and the notary, a witness may be present.

But it is worth remembering that the law prohibits being a witness:

notary;
the person who will ultimately become the heir, or who will ultimately be denied the inheritance, as well as their close relatives;
incapacitated or partially capable persons;
illiterate persons;
persons who do not speak the language in which the testamentary document is drawn up.

If all these requirements are not met, the court will invalidate the will. Also, those who may be with the testator while the will is being drawn up include an interpreter if the testator requires his services.

Another important factor in drawing up a will is the date and place of certification of the document. They must be entered by the notary during the certification of the testamentary document.

Who can act as a witness

What else should you pay attention to? Not all citizens can act as witnesses when drawing up a closed will. In general, legal heirs do not have the right to participate in the process. Bans also apply to their close relatives (parents, wives/husbands, children, etc.).

All this is due to personal status and interest. That is, any person who has nothing to do with the testator’s property can act as a witness. And cannot be interested in him.

A closed will is drawn up in the presence of two witnesses. Exactly the same as the acceptance of a document by a notary. One of those present has the right to refuse to sign the will. But this will not cancel the process of accepting it. The notary will simply put the appropriate note on the envelope in which the testamentary document is sealed.

Procedure for document execution

You should know how to correctly draw up a will during your lifetime so that it is recognized as valid.

The procedure for registering a will involves two mandatory stages:

creating the text itself;
his legal identity.

The procedure for drawing up a will means:

decision on the selection of persons to whom the inheritance will go and the determination of their share;
compilation of the text itself: it is written or printed personally by the testator or a notary under his dictation - in the first case it is advisable to use a sample;
signing of the document by the notary and the drafter, its legal certification.

The procedure for making a will requires its preparation in two copies with the signature of the will-maker and the notary. If the testator is unable to sign himself, he has the right to appoint an executor. This can be any person with the exception of the immediate relatives of the originator of the document.

If the testator wants to divide all property between the second spouse and children equally, drawing up a will will be an unnecessary step.

The legislation provides for just such a distribution of the inheritance, unless otherwise ordered by the deceased.

If the testator does not want to make a formal disposition, but still wants to leave everything to the husband/wife, a gift can be made between spouses. It will allow you to transfer property without paying taxes or contacting lawyers.

As for the testator’s monetary assets located in the bank, they can be disposed of separately from the main document. After the will is ready, you can begin to draw up a testamentary disposition regarding finances in bank accounts. This is a separate document that also requires legal certification.

How to draw up a closed will?

Requirements for writing the text:

It is advisable to write the text without corrections or strikethroughs. All corrections must be certified with a signature and at the end a note must be made - “the corrected text is correct.”
The text must be handwritten and written in the handwriting of the testator himself. A printed document will be considered invalid, as will a document written in the handwriting of another person. This requirement (Article 1126 of the Civil Code) implies an examination of the authorship of the text based on handwriting.
A will is not prohibited from being changed or annulled (Article 1130 of the Civil Code) at the request of the testator. The new document undergoes a repeated notarization procedure (protocol, envelope, signatures, certificate).
The will must be sealed in an envelope and deposited with a notary, otherwise it will be declared invalid.
Compulsory heirs must be taken into account when distributing shares of property. They cannot dispose of the share of the inheritance that is due to them by law. Obligatory heirs include the disabled:
native children;
spouse;
dependents for whom guardianship was granted.

Requirements for the compiler

The compiler can be any citizen of the Russian Federation who:

is legally capable;
adult or emancipated;

The requirements for a will impose a number of other restrictions on the testator:

the citizen must be literate (he formulates the text himself);
he must not have physical limitations (no arms, impaired fine motor skills, blindness) to be able to write;
the drafter personally and in the presence of witnesses transfers a closed will to a notary (trusted persons are illegal).

Requirements for witnesses

Article 1126 of the Civil Code of the Russian Federation requires the mandatory presence of two witnesses when transferring a closed will to a notary. Persons indicated as heirs and close relatives cannot be witnesses. Witnesses must be competent and understand the significance of the procedure taking place (Article 1124 of the Civil Code).

Good to know! Witnesses place their signatures on the sealed envelope containing the will. The notary accepts this envelope and places it in the second envelope. The second envelope contains the addresses of the witnesses, their full names, place and current date. A note is written on it stating that the testator is familiar with the contents of Article 1149 of the Civil Code of the Russian Federation. A document confirming the acceptance of the will for storage in the archive must be issued.

Envelopes

What features of a closed will still need to be known? Once completed, this document must be sealed in an envelope and handed over to a notary. Moreover, an important point here is the affixing of signatures by witnesses. What does it mean?

After the testator has drawn up the text of the will, it must be sealed in the presence of witnesses and a notary. First, the first ones put their signatures on it to confirm the authenticity of the document.

Next, the already signed envelope is sealed again. And on it the notary makes notes with information about the testator and witnesses. Information is also indicated here that the testator is aware of paragraph 2 of Article 1149 of the Civil Code. It states that property not bequeathed to anyone will be divided between claimants for an obligatory part of the inheritance, even if this reduces what is due to the heirs by law. If the size of the untested part of the property is insufficient, mandatory shares will be allocated taking into account it.

After familiarization with this feature, a corresponding note is made on the envelope, then it is finally sealed. And the notary issues a certificate to the owner of the property, which indicates that the closed will was accepted. Plus, a protocol of the process is drawn up.

Challenging

The heirs may not agree with the will of the deceased. The law allows them to try to challenge even a closed document, taking into account the specified number of features:

a document drawn up by a person who is known to be legally incapacitated is considered void;
an order may be declared invalid in court if it was drawn up under the influence of a threat, blackmail, abuse of trust, deception, etc.;
the deceased can dispose of the property that belongs to him and such right is properly formalized. However, the absence of a right to the property specified in the will does not make the document invalid or void;
the order is invalidated only by judicial procedure. The application can be submitted by heirs or other interested parties, for example, owners of disputed objects;
if the deceased is under the influence of drugs, alcohol or other events at the time of drawing up and could not account for his actions, then the will may also be declared invalid.

This procedure can only be carried out through the courts. The applicant must prove his case based on documents, witness statements and other admissible evidence.

Each will is revoked separately; it is impossible to revoke all orders in one lawsuit without making reference to each one. If additional orders are later discovered, they must be canceled by filing a new application and by way of a new trial!

A closed document is revoked in the same way as a will executed in the usual manner. After the will of the deceased is announced, all heirs have access to the document and, if they do not agree with it, they can file a claim in court at the place where the will was announced or at the location of the defendants, that is, other claimants to the property.

The meaning and features of wills

Inheritance by will takes precedence over distribution of property by law

When registering your will, it is important to comply with all the requirements of the law, otherwise the citizen’s property will be received by the heirs of one of the queues, as a rule, the closest relatives and will divide it in equal shares

Legislation provides citizens with the opportunity to dispose of their property in the following types of this document:

Open will.
Closed will.
Testamentary disposition regarding a bank deposit, deposit.

The notary is aware of the contents of the open will. It is drawn up in accordance with the instructions of the citizen. The contents of the document constitute a secret that the notary has no right to disclose, including to the heirs indicated in it.

A testamentary disposition of a contribution or deposit is a special type of registration of the will of the testator. It is drawn up at a banking institution and certified by the signature of an employee of the organization. The contribution will be inherited in accordance with the will of the testator specified in this document. If no other will has been drawn up regarding the remaining property of the citizen, its distribution will be made according to the law. If the will, which contains instructions for the contribution, was made after the disposition, the cash deposit will be inherited in accordance with the later will of the testator.

A closed will is drawn up by the testator independently. The notary is not privy to the contents of the document. This type of registration of the last will in Russian legislation appeared relatively recently. In 2002, amendments were made to part three of the Civil Code, which make it possible to draw up and implement a closed will.

There are many nuances in the preparation and certification of such a document, without compliance with which it may be declared invalid. In particular, these features include:

handwritten by the testator;
Witnesses must be present when filing a will;
the envelope containing the will is sealed in front of the witnesses and the maker himself;
a mark must be left on the envelope indicating that the originator has read Article 1149 of the Civil Code and knows and understands its provisions.

When drawing up such a will, no technical means are used. The citizen writes it with his own hand. Failure to comply with this requirement will result in the invalidity of the will.

A closed will can be canceled and changed in accordance with the general procedure. To do this, the testator must draw up a new document with a notary. At the same time, he may wish to leave his will in an open form.

An open will differs from a closed will in the following ways:

it is recorded by a notary from the words of the testator. In this case, technical means may be used to compile it. The document is signed by the citizen after reading. A closed will is written only by the testator in his own hand;
The notary is aware of the contents of the open will, but undertakes to keep this information secret. For disclosure of this information, sanctions may be applied to him in the manner prescribed by law. The contents of a closed document are known only to the testator himself;
A person who has signed an open will can sign the will. The use of this procedure is possible due to compelling reasons why the testator cannot independently sign;
When drawing up an open document, the presence of witnesses is not necessary. But it is not prohibited. Witnesses may be present during the execution of the last will at the request of the testator.

Both forms of will are permissible and are regulated by part three of the Civil Code. The testator has the right to inform the heirs or other persons at his own discretion about the contents of the open document. Such actions are prohibited for a notary.

Why do you need a will?

You can inherit the property of a deceased relative in the following ways:

In law. The property is divided in equal shares among the recipients of the inheritance order. The order of priority is based on family ties.
According to the will. The owner's own disposition in the event of death. The property is transferred to any person determined by the testator.

What does the order give to the property owner:

The document allows you to determine the circle of persons to whom the property of the deceased citizen will go after his death. In fact, the testator changes the composition of the heirs or singles out a specific person from among them.
At the same time, the testator determines the composition and shares of the property of each beneficiary. The presence of an administrative document not only indicates the circle of applicants, but also implies automatic exclusion from the inheritance of citizens not indicated in it.

What does the order give to the heirs:

The will clarifies the situation with the list of property and potential claimants to it.
If the heir is not a close relative of the deceased citizen, then he does not need to prove his relationship with him. It is enough to provide the original will.

The main limitation on freedom of disposal is the impossibility of depriving applicants of their obligatory share.

It relies:

young children;
disabled parents;
disabled dependents;
disabled spouses.

If there is information about the obligatory heirs, the notary allocates part of the property of the deceased person to the specified persons as follows:

The primary use is intestate property. Despite the fact that the shares of other relatives will be reduced.
If free property is not identified, then part of the assets is allocated from the assigned inheritance. The shares of the claimants under the will are reduced.

If the identified property is the property of the spouses, then ½ share is allocated from the inheritance for the husband or wife. To do this you need to submit an application. The remainder of the assets is subject to division among the heirs.