Pros and cons of a will for an apartment: procedure and requirements

What is a will

This is a document that allows the testator to determine the fate of his property in the event of death. A will changes the principle of distribution of the inheritance. If, according to the law, the property of a deceased citizen is inherited only by his relatives, then third parties can be heirs by testamentary disposition: work colleagues, friends, organizations, etc.

The nuances of inheritance by will are enshrined in Chapter 62 of the Civil Code of the Russian Federation. When drawing up such a document, the testator should be aware of the following features:

1. The will can determine the composition of the heirs and the shares of each of them. By writing a testamentary refusal or assignment, the testator can oblige his successors to carry out property or non-property assignments. For example, having accepted an apartment, the heir undertakes to provide it for living to a third party who is not a claimant to the inheritance. Assignments may also concern the care of people, animals, etc.
2. The order comes into force only after the death of the testator. During his lifetime, he can change the text an unlimited number of times or create new versions of this document. The testator also has the right to cancel the order.
3. If the testator left two or more wills, indicating the same object in them, then the document that was written later will have legal force. If the orders list different property and their texts do not contradict each other, then these documents are considered competent regardless of the time of writing.
4. A will is a one-sided document and therefore does not require the participation of the recipients of the property. The successors have the right to renounce the assets of the testator after his death by formalizing a notarial refusal or by not taking any action within six months after the opening of the inheritance case.
5. When writing an order, the drafter must take into account the interests of the obligatory heirs. We are talking about disabled dependents of the testator: minor children, elderly parents (pre-retirement and retirement age), incapacitated spouse. These persons have the right to be allocated a compulsory share, constituting half of the property that would be due to such an heir upon inheritance by law. The right to an obligatory share in the inheritance is enshrined in Article 1149 of the Civil Code of the Russian Federation.
6. The text of the will is confidential, as stated in Article 1123 of the Civil Code of the Russian Federation. The notary, witnesses, executor and other persons present during the preparation of the document do not have the right to disclose information about its contents.
7. The testator can make a closed will. It is packed in an envelope, which is opened by a notary after the death of the testator.
8. To monitor the fulfillment of all the conditions specified in the will, a citizen has the right to appoint an executor. This may be a relative or acquaintance of the testator. The will may specify compensation for the executor of the will.
9. The order requires notarization. The specialist assigns a number to the document and enters it into the register. Without notarization, the will has no legal force.
10. Article 1118 of the Civil Code of the Russian Federation does not allow the drawing up of a will through an authorized representative. The document is created by the testator personally. The trustee can only sign instead of the testator if the latter is unable to do so due to physical limitations.

If the order was drawn up under emergency circumstances, it is certified by the signatures of two witnesses. The further fate of the document depends on the situation. If extraordinary circumstances lead to the death of a citizen, his successors submit an order to the court, which recognizes the document as valid. If the testator remains alive, then he should have the will certified by a notary within a month, otherwise it will lose legal force.

Difference between inheritance by law and will

If a citizen does not make an order during his lifetime, then the values ​​remaining after his death are distributed among the legal heirs . They are represented by close relatives of the deceased. People turn to a notary with documents confirming their relationship with the testator. The specialist identifies the obligatory heirs, and then issues certificates of inheritance.

If a person who has property, during his lifetime, wants to distribute his values ​​among his successors, then he creates a will. The process is completed only with the help of a notary who certifies the documentation. Using this procedure, a citizen can leave his valuables not only to relatives, but also to complete strangers.

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Attention! A will is more significant than inheritance by law, so if this document is available, then it is taken into account when dividing property.

Differences from deed of gift

Wanting to transfer an apartment to third parties free of charge, a citizen can draw up a will or deed of gift. These documents are often confused, but in reality they have more differences than similarities. The advisability of drawing up a particular document depends on the circumstances. Let's look at the differences between these orders:

1. A will is a one-sided contract, and a deed of gift is a two-sided contract. When concluding a transaction involving a gift, the presence of the recipient of the property is a mandatory condition. If he refuses to accept the gift, then the contract is considered not concluded. A will is drawn up by the testator without the presence of the heirs. They may not even know there is an order.
2. The gift agreement must specify a specific item or right. The presence of inaccuracies and ambiguous wording allows you to challenge the deed of gift in court. A will does not require such specifics. For example, the preparer may use the wording “all of my property belonging to me at the time of death, I transfer ...”
3. The deed of gift comes into force from the moment of signing. The recipient can only re-register the received object in his name. A will becomes valid only after the death of the maker.
4. The testator may indicate in the text of the document the obligations that the successors must fulfill when accepting the inheritance. The donor does not have the right to make counterclaims against the donee. Donation is a gratuitous procedure, and any hint of receiving a benefit makes the transaction void.

Is it possible to change a will?

Based on Art. 1130 of the Civil Code , the testator has the right to make adjustments to the text of the document at any time. It can change the number of objects transferred to certain people, heirs, or other parameters. It can remove or add successors. Changes are made in two ways:

• Complete text change. In this case, the first document loses legal force, so a new will is formed containing the necessary information. The first paragraph indicates information that the previous version of the document has lost legal force, otherwise contradictions may arise due to the presence of two orders.
• Partial change of points. The second option is used most often, since it involves making adjustments to some points of the existing order. Some sections lose legal force, so new conditions come into force. But it is impossible to change all previous conditions in this way.

To make changes, you must contact the notary who originally made the will. If you plan to write a new will, then a new document is generated, for which a full fee is charged based on the tariffs of the notary office.

Important! After certification of the document, the testator receives his own copy, and can also refuse to store it, leaving a copy with the notary.

Advantages and Disadvantages of Wills

A testamentary disposition has both pros and cons that must be taken into account when drafting the document. The undeniable advantages of the document are:

1. Freedom of the testator to dispose of property. He can write the document without the presence of third parties, disinheriting the rightful claimants. In this case, the compiler is not obliged to explain the reasons for his decision to anyone.
2. Bequeathed property remains the property of the testator until his death. The process of alienation of property begins when a citizen dies.
3. You can change or cancel a will at any time.
4. Relatively low cost of notarization. The sizes of notary fees are fixed in Article 22.1 “Fundamentals of the legislation of the Russian Federation on notaries”.
5. The ability to determine the conditions for the alienation of property.
6. A will is the only way to dispose of property in the event of death.

The disadvantages of wills include:

1. Such a document can only be created by a fully capable person. A minor citizen can bequeath his property only in case of emancipation.
2. Collective orders are prohibited by law. Therefore, it will not be possible to draw up a joint will. An exception is for spouses who can indicate common property in one document.
3. When writing a document, a citizen should remember about compulsory heirs. The presence of dependents limits the freedom of the testator.
4. When receiving an inheritance, the successors will have to pay a state fee. There are no taxes levied on gifts between relatives.

Who can claim an apartment if there is a will?

Any citizen who owns an apartment can independently dispose of the property that will remain after his death. He can transfer the property to relatives, friends, strangers, the state or any company. But even if there is a will, mandatory heirs may appear. They claim part of the inheritance, although they are not stated in the text of the order.

Obligatory heirs include the following persons:

• incapacitated spouses;
• minor children;
• parents who are pensioners who retired based on their age;
• dependents of a deceased citizen.

Reference! The official spouse is represented as the primary heir, but he may not be included in the will unless he is an incapacitated person.

If the order does not indicate the obligatory heirs, then they may demand a certain share of the inheritance or even challenge the will. Other persons who, for various reasons, have claims to real estate can challenge the document.

A common mistake made by testators is that they indicate the entire apartment in the text, although it is the joint property of the spouses, so only half of the property can be disposed of. Incorrect wording often leads to the court declaring the document invalid.

How to make a will

The main nuances of drawing up orders are specified in Article 1118 of the Civil Code of the Russian Federation. There are two options for writing a document:

• the applicant makes the will personally;
• The text is written by the notary from the words of the testator.

The order must be created in writing and requires notarization. Handwriting or typing on a computer is acceptable. The text of the document should be simple, understandable, avoiding inaccuracies and ambiguities.

The following types of orders do not require notarization:

1. Written in emergency circumstances in the presence of two witnesses.
2. Certified by bank employees. The effect of such testamentary dispositions applies only to bank accounts opened in a specific financial institution.

The text of the order must contain the following information:

1. Date and place of compilation.
2. Title of the document;
3. Information about the testator: full name, passport details, address.
4. Information about alienated property.
5. List of heirs indicating their shares. If the testator does not indicate the size of the share of each of the recipients, then the property will be distributed equally between them.
6. Signature of the testator or his authorized representative. In the latter case, the reason is indicated why the compiler cannot independently sign the document.
7. Details of witnesses present when drawing up the order.
8. A reference to the fact that the testator is aware of the need to allocate a share to obligatory heirs.
9. A note confirming payment of the notary fee and state fee.

What documents will be required

To draw up a testamentary disposition, a citizen will need an identity card. In addition to the passport, the testator can present the following documents to the notary:

• military ID;
• international passport;
• birth certificate;
• personal electronic card;
• seafarer's identity card;
• service ID (for employees of the prosecutor's office).

The main requirement for drawing up a will is legal capacity. Therefore, minors cannot draw up such orders unless they provide one of the following documents:

• Marriage certificate;
• court decision on emancipation.

Drawing up a will for close relatives

The nuances of writing orders do not depend on the degree of relationship between the testator and the recipient of the property. If a citizen wants to transfer his assets to his closest relatives, then he just needs to indicate the recipients in the text of the document. But in some cases, drawing up a will for family members is inappropriate. For example, a man assigns his property to his daughter and son, who are his only heirs and will therefore receive the assets by law.

Drawing up a will makes sense when the testator wants to change the order of distribution of the inheritance. You can do this as follows:

1. Transfer property to third parties, depriving it of legal heirs.
2. Determine the objects that will go to each recipient. For example, a citizen signs off an apartment to his wife, and a car to his son.
3. Leave all property to one successor if there are other legitimate claimants.
4. Eliminate one or more heirs, recognizing them as unworthy. For example, a daughter did not care for her elderly father. The man indicated in his will that she would not receive anything by distributing the property between his son and wife.

Is a will valid, not certified by a notary, written by hand?

Art. 1124 of the Civil Code of the Russian Federation establishes the need to formalize a will in writing. At the same time, the law does not establish the need for machine printing or handwritten registration. The exception is a closed expression of will. It must be executed in person by the owner.

A document written by a citizen in his own hand, but not certified by a notary, is valid in the following cases:

• the order is certified by another authorized person;
• a declaration of will drawn up in emergency circumstances, certified by the signatures of 2 witnesses.

A special feature of an order issued in special circumstances is the need for it to be notarized within 30 days from the end of the emergency situation. If the testator survives, but does not certify the document, it is considered invalid.

In the event of the death of a person during an emergency, the document is recognized as valid. However, to give it legal force, the heirs must go to court to confirm the fact of an emergency.

In other cases, a will drawn up in ordinary written form and not signed by a notary is invalid.

Who can certify a will instead of a notary?

Previously, heads of local administrations could certify a will. However, according to the new rules, certification is carried out only by a notary. Therefore, residents of small settlements will have to go to the city to contact a notary office.

The following persons can certify an order instead of a notary:

• the head physician of the hospital where the testator is being treated;
• commander of a military unit;
• director of a correctional facility;
• captain of a ship sailing in the Russian Federation;
• head of the expedition.

Pros and cons of a will for an apartment

Moreover, the validity of the will cannot extend to this share. For 2021, such a mandatory share is due to the following persons: Relatives on the ascending line Disabled parents, as well as dependents Relatives on the descending line Children who are under 18 years of age and disabled children (who have been disabled since childhood) In this case, inheritance is not even required to receive a share contest a will. This point is discussed in detail in the current legislation.

Cost of notarization

Notarization of a testamentary disposition requires payment of a state fee. Its size is fixed at the legislative level and is 100 rubles. This is stated in paragraph 13 of Article 333.24 of the Tax Code of the Russian Federation. This fee is paid regardless of the type of order. For example, when filing a closed will, a citizen will be required to pay 100 rubles.

Notary services of a legal and technical nature are additionally paid. Their cost depends on the region of treatment and the personal prices of the specialist.

When submitting applications to accept an inheritance, citizens do not pay a state fee. The fee is withheld upon issuance of notarial certificates. The amount of the duty depends on the value of the alienated property and the degree of relationship between the testator and the recipient. Current legislation provides for two interest rates:

1. 0.3% is paid by close relatives of the testator. We are talking about the spouse, children and parents. The maximum payment amount is 100 thousand rubles.
2. Other heirs pay a contribution of 0.6% of the value of the property received. The maximum payment amount is 1 million rubles.

Invalidation of a will

Quite often in life there are situations when a will, drawn up at first glance according to all the rules, has certain shortcomings. Their presence can have serious consequences for the future fate of the will. By virtue of direct instructions of the law, or on the basis of a court decision, such a will will not have legal significance.

What is invalidity of a will?

The invalidity of a will is the annulment of a will and all or individual orders contained therein on the transfer of the rights and obligations of the testator to his heirs, recognized by law or by a court decision.

A will can become invalid only if there are grounds provided for by law. Taking into account the fact that a will is a unilateral transaction, it is subject to the provisions provided for by the Civil Code of the Russian Federation on the grounds for the invalidity of transactions, referred to in civil law as the defects of a transaction.

Grounds for invalidity of a will

1. Defects in the contents of the will

This ground for the invalidity of the will means that its provisions contradict current legislation.

2. Defects in the form of a will

This basis assumes that the procedures established by law were violated during the execution of the will.

3. Defects in the subject composition of the will (personality of the testator)

In this case, it is implied that the testator did not have the right to draw up a will, but nevertheless, he carried out the specified action.

4. Defects in the will and will of the testator when drawing up a will

This type of grounds presupposes the presence of circumstances that make it possible to come to the conclusion that when making a will there was no freedom to formulate the testator’s desire to formalize it, or such a desire arose under the influence of factors that misled him regarding the legal consequences of his actions.

Types of invalid wills

Depending on the degree of seriousness and significance of the defects, the law distinguishes two types of invalid wills:

1. Absolutely invalid (void) wills . When making this type of will, the norms of the current legislation were seriously violated.
2. Relatively invalid (voidable) wills . In this situation, the degree of seriousness of the defect in the making of the will is not so great, therefore the law suggests that it is possible to invalidate it solely on the basis of a court decision.

In turn, each type of invalid will is divided into certain varieties depending on the circumstances due to which they are recognized as not meeting the requirements of the law.

Types of absolutely invalid (void) wills

1. A will that does not comply with the requirements of the law or is made for a purpose contrary to the foundations of law and order or morality (Articles 168, 169 of the Civil Code of the Russian Federation)

A will that grossly violates the requirements of the law or other legal act and at the same time encroaches on public interests or the rights and legally protected interests of third parties will not have legal significance. The exception is cases when the law was violated when drawing up a will, from which it follows that such a will (as a type of transaction) is voidable or in this case other consequences of the violation not related to its invalidity must be applied.

If a will is made for a purpose that is obviously contrary to the foundations of law and order or morality, it is void.

2. Imaginary or feigned will (Article 169 of the Civil Code of the Russian Federation)

• An imaginary will is a will made only for show, without the intention of creating corresponding legal consequences.
• A sham will is a will that is made to cover up another transaction. As a rule, such wills are drawn up due to ignorance of the law or a desire to circumvent it.

3. A will drawn up with significant violations of the procedure for its execution (Article 1124 of the Civil Code of the Russian Federation)

• the will is not certified by a notary or other authorized official;
• the will does not indicate the dates and/or place where the will was made;
• absence of a witness when certifying the will, when his presence is mandatory.

4. A will made by a completely incompetent person (Article 171 of the Civil Code of the Russian Federation)

The will was made by the testator, who, in accordance with the procedure established by law, was declared incompetent due to mental illness, which made it impossible for him to understand the nature of his actions or direct them. Such persons do not have the right to make any civil transactions and, in particular, to make testamentary dispositions.

5. A will made by a minor (Articles 1118, 172 of the Civil Code of the Russian Federation)

Any citizen who has full legal capacity, that is, has reached the age of 18, has the right to make a will. Until the age of majority, only those citizens who have already entered into marriage or have been declared fully capable (emancipation) in the manner prescribed by law are recognized as fully capable.

Persons from 6 to 14 years of age, with a number of exceptions, are recognized as lacking legal capacity. Persons from 14 to 18 years of age have a significant amount of legal capacity, however, the legislation directly denies them the opportunity to draw up a will under the threat of its insignificance, if they have not acquired full legal capacity before reaching adulthood, as in the above cases.

Types of relatively invalid (voidable) wills

1. Violation of a requirement of law or other legal act (Article 168 of the Civil Code of the Russian Federation)

A will executed with certain violations of the procedure for its execution provided for by law, which are not gross violations leading to insignificance. For example, a witness’s failure to comply with the requirements imposed on him by the Civil Code of the Russian Federation, when his presence is mandatory.

As already mentioned, if a will violates the requirements of a law or other legal act and at the same time infringes on public interests or the rights and legally protected interests of third parties, then such a will is void.

2. A will made by a person incapable of understanding the meaning of his actions or managing them (Article 177 of the Civil Code of the Russian Federation)

A will can be made by a person with legal capacity, but at the time of its making, he is not capable of understanding the meaning of his actions or managing them. For example, drawing up a will in a state of alcoholic, narcotic, toxicological intoxication, or in a dying state.

3. A will made under the influence of a material mistake (Article 178 of the Civil Code of the Russian Federation)

The will was made under the influence of a mistake, if the mistake was so significant that the testator, having reasonably and objectively assessed the situation, would not have made it if he had known about the actual state of affairs.

4. A will made under the influence of deception, violence, threat (clauses 1, 2 of Article 179 of the Civil Code of the Russian Federation)

In this case, we are talking about deliberate deception of the testator by the person in whose favor the will was drawn up or by other persons interested in the inheritance. As well as cases in which the testator was forced to draw up a will under the influence of possible adverse consequences for life, health, family, etc.

5. Bonded will (clause 3 of article 179 of the Civil Code of the Russian Federation)

An enslaving will is a will drawn up under the influence of a combination of difficult circumstances on conditions that are extremely unfavorable for oneself (one’s relatives). For example, the testator draws up a will on the transfer of all inherited property after his death in favor of the creditor, to whom he currently cannot repay the debt.

Consequences of invalidity of a will

If the court recognizes a will as invalid, the general legal consequence is inheritance on the basis of another will, if it was drawn up, or the entry into inheritance rights of the heirs according to the law of the corresponding order (Clause 5 of Article 1131 of the Civil Code of the Russian Federation).

If the court makes a decision after the heirs under an invalid will have acquired ownership of the property, the following rules apply:

1. Restitution is the taking of property from an improper entity and its transfer to a proper one. If a natural return is not possible, monetary compensation must be paid in accordance with clause 2 of Art. 167 Civil Code of the Russian Federation.
2. The possibility of the proper heir filing claims for compensation for actual damage due to damage, wear and other deterioration of property from a person who knew or should have known about the fact that this will has defects that may lead to its invalidity (Article 15 of the Civil Code of the Russian Federation).

Testament of a mortgaged apartment

The testator has the right to indicate any property at disposal, even that which is pledged. Moreover, the pledgee’s consent is not required. By accepting the mortgaged property, the heirs undertake to repay the debts of the testator. Responsibility for debts is distributed in proportion to the shares in the inherited housing.

Important! No one can oblige the heir to accept the testator's property. If a citizen does not want to repay a loan or mortgage, he has the right to refuse the inheritance. Then the refuser’s share will be divided among other claimants by law or by will. If all the heirs have abandoned the property, it is declared escheated and transferred to the bank.

Rules for drawing up a will

A will is drawn up by the testator at his own request. The document can be of a closed type, so the secret of the last will of the property owner is preserved.

The peculiarity of a will is that the owner can transfer his property to absolutely any person whom he considers a worthy heir. It is not at all necessary that it be a relative. The information that is in the document, at the request of the testator, can be kept secret for the remaining heirs.

When drawing up an order in the event of his death, the testator must take into account some points:

• when not all objects of inherited property are indicated in the will, they will be distributed among the remaining relatives in equal shares;
• Any person, when making a will in the event of his death, has the opportunity to appoint as his heirs people who are close to him, even if they are not related. His freedom in choosing heirs will be limited by the presence of obligatory legal successors (Article 1149 of the Civil Code of the Russian Federation);
• it is permissible to draw up an order taking into account the property that the testator plans to acquire in the future;
• the document may stipulate the sub-appointment of an heir, that is, when the testator names the person who will inherit his property in the event of the death of the main successor specified in this document. The same condition is provided in case of refusal of the main heir to accept the testator's property.

Pay special attention! The will is written by the testator in his own hand and certified by a notary.

If for some reason the testator's signature is missing from the document, the will will be invalid. In the case where the document was drawn up at the request of the testator, this procedure should take place only in the presence of witnesses and an employee of the notary’s office.

A citizen who draws up his will has every right to change its contents or cancel it completely at any time.

The testator is not obliged to explain the reasons for changing the contents of the document. He can change something in the document or cancel it completely.

Is it possible to challenge a will?

Most often, the order violates the rights of the legal heirs. To achieve justice, they can go to court to challenge the will. Most often, a document is declared invalid for the following reasons:

• the testator was declared incompetent;
• at the time the document was drawn up, the citizen was under the influence of alcohol or drugs;
• a collective will has been drawn up;
• the paper was written under the influence of threats;
• the testator did not understand the consequences of drawing up the document;
• the paper was not certified by a notary;
• the document was certified by a person not authorized to provide notary services.

The first priority heirs can partially challenge the will. If the dependent was not specified in the order, he can obtain the allocation of a mandatory share in court.

It is extremely difficult to challenge well-drafted wills. The court does not consider claims based on assumptions, moral standards, etc. To challenge an order, a citizen will need to collect a good evidence base.

When does a will come into force?

At a certain time after the death of a person, his heirs can show their intention to enter into an inheritance. Six months are allocated for this after the death of the testator.

The inheritance is transferred into the hands of legal successors in the following cases:

• death of the property owner;
• a court decision to declare a citizen dead;
• the birth of the heir of the deceased testator;
• refusal of the primary heir to accept the property of the deceased.

When the main heir refused to accept the inheritance, the heirs who accept the inheritance after him have a period of entry not six, but three months.

How does the procedure for the entry into force of a will for an apartment take place?

This type of will comes into force the next day after the death of its owner.

What must the heir do to obtain a certificate of the right to inherit the apartment:

• come to a notary, draw up a statement of intention to accept property left as an inheritance , transfer the basis for opening an inheritance case - a document on the death of the owner;
• collect documents confirming the existence of all rights to the property (privatization agreement, extract from the Unified State Register, etc.);
• obtain documents on the right to inheritance;
• register an apartment in Rosreestr.

To register this property, you will need to pay a government fee. The process of inheriting a house is carried out in the same way.

How does a closed will come into force?

The peculiarity of a closed will is that no one has any idea about the contents of this document except the testator himself. A notary certifying a closed will also does not know what exactly is written in the document.

The heirs will receive the document and find out who will become the owner of the deceased’s property only after his death, when they come to the notary and give him the testator’s death certificate.

What is the statute of limitations for challenging an inheritance?

When an heir can be recognized as not accepting an inheritance, read here.

An envelope with a document enclosed in it, certified by a notary, will be opened within 15 days that have passed after the death of its author. Usually, when it is opened, all legal successors are present.

When this procedure occurs, a protocol must be kept, where the persons present at the announcement of the will of the deceased and the text of the document itself must be recorded. The will will come into force immediately upon its reading.

A document that was drawn up in emergency circumstances

Such a will does not necessarily require certification by a notary, since the document was drawn up in conditions where there was a real threat to the life of the testator. This will will come into force only if the court decides that there are indeed extraordinary conditions for its preparation.

The document itself comes into force after a short time, but there is not much time to formalize the inheritance. Therefore, the successor should not delay in contacting a notary on the issue of entering into inheritance rights.

Forbidden

The second is a bilateral transaction, which usually becomes valid during the life of the donor - from the moment of its signing. In the case of a will, it comes into force only after the death of the testator. It is provided for by law, and when drawing up the document, all rules and regulations must be taken into account. Otherwise, after the death of the testator, it may turn out that the testamentary disposition is invalid and therefore cannot enter into force. If the paper is not drawn up legally, it can be easily contested, which is why the successors in the will will not receive the property due to them by the will of the testator. First of all, it is necessary to take into account the basic principles of drawing up a testamentary disposition:

• Personal and sole participation in the preparation and signing of the document.

Legislation on inheritance by will The procedure for registering a will, the terms and procedure of inheritance are regulated by the Civil Code of the Russian Federation (Part 3): there is no special legislation in this area. In addition, certain provisions regarding inheritance are also contained in the Family and Tax Codes, as well as in the Federal Law “On Notaries”. Thus, the legislation clearly defines the moment the will comes into force, as well as the period of time during which all actions required by law must be performed. Will. Basic provisions The basic principles of drawing up a will are freedom of expression and maintaining the secrecy of testamentary dispositions. The essence of the first principle is that the owner of property has the right to transfer it to any individuals or legal entities in any shares, on any terms (except those contrary to law).

Important aspects of inheritance law: when does a will come into force?

Methods of acceptance The Civil Code of the Russian Federation establishes a clearly defined period during which the heirs have the right to contact a notary to receive an inheritance. To do this, you must submit an application or perform the actions specified in the will, which will be equivalent to entering into an inheritance. Here you can apply for acceptance of inheritance.

The following documents must be attached to the application:

• death certificate of the testator;
• heir's passport;
• certificate from place of residence;
• a document confirming the relationship between the heir and the testator.

This means that you can enter into an inheritance in two ways:

• by submitting an application to a notary at the place of residence of the testator;
• actually accept the inheritance.

It is necessary to enter into the right of inheritance within six months from the date of the death of the testator.