Will with condition, can special conditions be specified in the will?

Registration of inheritance is often accompanied by certain nuances. Heirs face problems when collecting documents, identifying property, and determining the residence address of the testator. Conflicts often arise between relatives when dividing inheritance. However, the most interesting thing is the fulfillment of the conditions that the will contains. Sometimes heirs even refuse the testator's property. Let's look at what a conditional will is.

Is it possible to specify conditions in a will?

A will with a condition will differ from an ordinary will only in that it not only determines the circle of heirs and the shares of the property they inherit, but also indicates what requirements they must comply with or fulfill in order to enter into the inheritance.

Conditions can be of a property or non-property nature.

In practice, the list of requirements can be quite extensive, so the notary may recommend shortening it or compiling it in such a way that none of the items violates the rights and freedoms of other citizens. Otherwise, the heir may file a lawsuit to invalidate the document.

The most common conditions are the obligation to make payments to certain persons, to marry or not to marry (in relation to a husband or wife), to reach the age of majority, and to master a profession.

Examples

Citizen K. indicated in his testamentary document that his son would inherit ½ of the apartment. L. will only be able to do so if he is 18 years old at the time of opening the inheritance. If L. is younger, the designated share will be inherited by S’s brother.
Citizen A. made a will, according to which her daughter L. will inherit an apartment provided she receives a higher education before the age of 25. If the opening of the inheritance occurs before the daughter receives an education, the responsibility for preserving the property and monitoring the execution of the will of the deceased rests with son A.
Citizen M. indicated in his will that all the benefits he had acquired would go to M.’s wife only if she did not remarry. This condition limits the rights and freedom of citizen M., therefore the document will be declared invalid in court.

What grounds for challenge do the heirs use?

The notary, before signing the will, warns the testator about the risk of challenge if the successors do not agree with the stated conditions. If, after the death of the testator, his successors consider the terms to infringe on their rights, there is a possibility of an attempt to invalidate the contract in court.

The notary's goal, before certifying the will, is to foresee possible consequences and reduce the risk of their occurrence, however, it is impossible to fully foresee further developments in the life of the testator, which means the risk of invalidating a testamentary document with conditions remains high.

As a rule, it is possible to challenge a will, the terms of which the applicants are not satisfied with, in court if it is established that at the time of signing the testator was not aware of his actions and was not able to understand the legal consequences of the step.

A forensic psychiatric examination or identification of the fact of a long-term illness of the testator, which prevented him from realizing what was happening at the time of signing, can help with the challenge.

There are chances of challenging a will that contains illegal restrictions with the help of a competent lawyer. Factors that infringe on the rights of the heir may be the condition of registering a marriage with a specific person at the will of the testator, or a ban on the remarriage of the surviving spouse. Such measures are recognized as illegal, and it is possible to challenge the will by referring to the provisions of Art. 12 family legislation (RF IC).

Will with the condition of lifelong residence

Having entered into an inheritance and registered ownership, the heir has the right to dispose of the property at his own discretion: rent it out, sell it, transfer the property to non-residential status, and much more. But what to do if, in addition to the heir, someone else lives in the house or apartment - the wife, mother or father of the deceased, who has no other place of residence? There is a way out, and this is an indication in the document of the right of lifelong residence of a third party.

Testamentary refusal

If desired, according to Art. 1137 of the Civil Code of the Russian Federation, the owner of the property has the right to oblige one or more heirs to perform actions of a property nature in relation to one person or group of persons, and it does not matter on what basis the inheritance occurs: a will or a law.

The obligation to perform certain acts is called a “legacy” or “legacy.”

The subject of a testamentary refusal may be one or more of the following actions:

transfer of any objects into ownership or provision of possession;
permission to use things included in the property mass;
transfer of property rights;
performing any work;
provision of services;
payment of a certain amount of money;
fulfillment of other obligations.

The waiver may be for life or last several years.

Right of lifelong residence

The will may specify a requirement for a third party to live in the residential premises. In this case, the legatee is a relative, friend or complete stranger who is granted the right of residence.

The will must be in writing.
The application is filled out by the testator. In the absence of vision or illiteracy of the owner of the valuables, a will can be drawn up by a notary from the words of the testator.
The notary must warn the property owner that the prescribed conditions must not contradict the law or violate the rights of heirs, otherwise the document may be declared invalid.

Sample

The document does not have a mandatory format, but it must contain the following data:

Full name of the testator;
Full name of the heirs among whom the benefits are distributed;
Full name of one or more persons who must execute the testamentary refusal;
an indication of the property to be distributed among the heirs;
a statement of the requirement, upon fulfillment of which the property will be received.

Example. Citizen K. bequeathed an apartment to his daughter. The condition was lifelong residence in the apartment of the testator's father.

Finding a compromise

If living with a person who has the right of life residence is uncomfortable, you can refuse the inheritance in favor of this person. Also a way out of this situation would be:

Renting out part of the property received by inheritance.
Finding a compromise with a relative. This may be the payment of an amount of monetary compensation in exchange for a notarized refusal to reside in the property.
In case of disagreement of the relative, redevelopment with separation of rooms and creation of a separate entrance.

Prescribing certain conditions in the document is the best solution if there are many heirs to the property, but there is a desire to leave the property to someone alone, without depriving the rest of their only place of residence. Such a will is advisable if the owner of valuables believes that obtaining ownership of property after his death can become an incentive for education and self-development.

To ensure that the document is drawn up correctly, and that relatives do not have grounds to challenge it in court, it is recommended to seek help from the lawyers of the website ros-nasledstvo.ru. Receiving a free consultation will help you avoid annoying mistakes when registering an inheritance.

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Expert opinion

Kuzmin Stanislav Timofeevich

Legal consultant with 6 years of experience. Specializes in the field of civil law. Member of the Bar Association.

The current version of the Civil Code of the Russian Federation allows for the possibility of drawing up a will encumbering the right of inheritance. This is a new type of form for such an administrative document.

In legal practice, a will with obligations is not very often in demand. But such a document can be drawn up, referring to the general principle of freedom of such documentation, which is established by Article 1119 of the Civil Code of the Russian Federation.

Will with condition - Civil Code of the Russian Federation

Based on the principle contained in the above norm of the Civil Code of the Russian Federation, we can distinguish general rights to draw up an administrative document, including with additional obligations:

any citizen of the Russian Federation has the right to independently, that is, at his own discretion, bequeath his property to any person, or several people;
the testator has the right to divide the shares of the inheritance between the heirs in any way;
the testator may refuse to grant inheritance to any person, one or more heirs, and the reasons for the refusal may not be specified;
The legislator gives the testator the right, during the registration of his will, to draw up both a will with an assignment and a testamentary refusal;
the testator has the right to include additional instructions in the testamentary document.

All requirements and restrictions that must be displayed during the preparation of any type of testamentary document are regulated in Chapter 5 of the Civil Code of the Russian Federation. Its basis is that a person can determine, in addition to the circle of heirs and the distribution of the share of the inheritance, additional obligations that must be fulfilled in order to receive the inheritance.

The actions prescribed in such a document can be versatile and practically unlimited, but always without violating any constitutional rights and freedoms of a person. In this regard, it is very important to draw up such a will correctly and clearly.

Practice shows that there are many contradictory aspects when introducing various additional actions for heirs into a document. Such nuances can not only serve as a reason to challenge such an order, but also to recognize the document as partially or completely invalid.

Therefore, most notaries try to dissuade the client from making such additional instructions.

Cost of registration of a will

Some heirs refuse to enter into rights under the will, despite the basic conditions intended for this. Sometimes it becomes impractical to accept property, i.e. the costs of new obligations exceed the benefits when:

Along with the valuables, the debt obligations of the testator are accepted.
There is arrears on mandatory payments related to the inheritance.
High percentage of tax fees (0.3% for close relatives, 0.6% for other persons).
High remuneration for the executor (executor).

Having summed up the costs, the beneficiary decides that it makes no sense to enter into an inheritance under a will, because its price will not cover the losses that will have to be incurred. To prevent your heirs from encountering such troubles in the future, do not accumulate loan debts or take out insurance, pay utilities and payments for accounts payable on time.

What conditions can be included in a will?

The testator can indicate almost any actions that the heir is obliged to perform in order to receive the property bequeathed to him. Restrictions - prescribed obligations exclude the possibility of conflicts with the interests, freedoms and rights of other citizens.

We can highlight a number of the most common additional requirements in such documents:

condition for lifelong residence, possibly with maintenance;
payment of maintenance for certain persons named in the will;
a taboo on remarriage is quite often prescribed if the heir is a spouse;
a condition for marriage only with a certain person;
provision of inheritance only after coming of age or after graduation, etc.

But, as practice shows, most of these testamentary instructions are very often challenged in court. For example, the terms of marriage directly contradict the basis of the voluntariness of the marriage union. Such actions will be considered invalid.

To avoid such legal proceedings, it is worth taking a very responsible approach both to the execution of the document itself and to the description of additional actions to obtain an inheritance.

Will with the condition of lifelong residence

Such an obligation is completely legal and is very often prescribed in such administrative documentation. Sometimes it is written that the heir is obliged to provide some third party with the right to live in the property received by inheritance.

The duration of this condition is not limited. The residence of a third party may be prescribed for a year, two, or maybe for life.

There have been cases when the testator supplemented this obligation with lifelong maintenance. Under such conditions, the heir undertakes to pay a certain amount of money to those people in whose favor such an order is drawn up.

In most cases, such an administrative document is not recognized as legal. After all, under the guise of a condition, lifelong maintenance is indicated.

This is no longer a one-sided transaction, but a compensated or bilateral one.

Will with the condition not to sell the apartment

Based on the prescribed norms and legislative rules of the Russian Federation, limit the heir’s rights to dispose of inherited real estate - a house, apartment, etc. impossible. But when registering an inheritance for an apartment, some nuances may occur.

The testator retains the right to make changes to the terms of the bequeathed property. He may oblige the heir to provide accommodation for any person in the apartment received by inheritance. Such obligations can be imposed on the heir for a certain period - for the period of the life of a third party or for several years.

Consequences for violating the terms of a will in the Russian Federation

Any obligations regarding bequeathed property must be drafted to benefit the interests of the heirs.

The most common violations of the terms of a will:

the instructions described in the will do not exist at the time of opening of the inheritance, but exist only at the time of drawing up the document;
the person specified in the obligations of the testamentary document, for some reason, did not know about the order or the occurrence of the action did not depend on it. In most cases, the heir in no way has the right to invalidate the actions specified in the document on the basis of the above;
the heir did not provide the notary with all the documentation that confirms the complete fulfillment of all instructions in the administrative document, etc.

For violation of any clause of the stated conditions of the will, the notary has the right not to formalize inheritance rights. The heir may be refused the issuance of a corresponding certificate of the right to inheritance under a will in his name.

The question of the possibility of drawing up wills under conditions has been considered by many civil scientists. According to some authors, testamentary dispositions under conditions should be recognized as unacceptable as contrary to the law, regardless of the fact that the conditions themselves do not violate the requirements of morality, freedom of choice of type of activity, etc.

Heirs to whom property is bequeathed under a condition find themselves limited in the property rights of property and others acquired by virtue of inheritance. Thus, the constitutional rights of inheritance and private property provided for in Art.

35 of the Constitution of the Russian Federation.270 T.D. Chepiga also considers conditional wills to be inconsistent with the law.271 A.B.

Expert opinion

Kuzmin Stanislav Timofeevich

Legal consultant with 6 years of experience. Specializes in the field of civil law. Member of the Bar Association.

Bakushkin believes that it is impossible to make a will under a condition, motivating his position by the fact that Art. 1119 of the Civil Code of the Russian Federation “Freedom of Will” does not contain provisions allowing to make a will under

condition, this is not in the provisions on inheritance. In our opinion, such arguments are not fully convincing.

The third chapter of the Civil Code of the Russian Federation regulates the condition that can be specified in the will, namely the substitution of an heir (substitution) (Article 1121 of the Civil Code of the Russian Federation), the appointment of a legatee (Article

1137 Civil Code of the Russian Federation). Moreover, the choice of grounds for sub-appointment of an heir or legatee is the right of the testator, in which no one can restrict a citizen.

Yeshe K.P. Pobedonostsev wrote that the most significant type of conditional wills is the so-called substitution, i.e.

appointment of a subsequent heir.313 At the same time, the Civil Code provides for the possibility of concluding a transaction under a condition, dividing them into two types: transactions with a suspensive and a suspensive condition (Article 157 of the Civil Code of the Russian Federation).

A transaction is considered completed under a suspensive condition if the parties have made the emergence of rights and obligations dependent on a circumstance regarding which it is unknown whether it will occur or not (clause 1 of Art.

157 of the Civil Code of the Russian Federation). A transaction is considered completed under a severable condition if the parties have made the termination of rights and obligations dependent on a circumstance in relation to which, whether it occurs or does not occur (clause

2 tbsp. 157 of the Civil Code of the Russian Federation).

A will is recognized as a transaction, and in our opinion, the general rules on making a transaction under a condition can be applied to it.

In turn, most authors consider it legal to make wills under a suspensive condition. In this case, as G.F. pointed out.

Shershenevich, inherited property comes only for temporary use of the heir assigned to this property until the due date and passes to the heirs of the appointed heir if the condition does not occur during his lifetime.273 B.S. Antimonov and K.A. Grave note that it is possible to commit a will in which the calling of the heir indicated in it would be made dependent on the occurrence or non-occurrence of one or another condition.274 According to E.A. Fleishitz and O.S.

Ioffe, in the presence of such a will, the inherited property does not immediately pass to the heirs and, therefore, is in a somewhat uncertain position for some time. The appointment of an executor of the will at this time enables the testator to ensure the execution of his will, to preserve and

manage inherited property.

Recognizing conditional wills as admissible, V.I. Serebrovsky also paid special attention to the uncertainty of the legal status of inherited property.

Until the condition occurs, the property actually belongs to no one. The legal status of this property will become clear upon the occurrence or non-occurrence of the suspensive condition specified in the will.275 M.V.

Gordon also did not deny the possibility of drawing up a will under a suspensive condition. At the same time, he refers to the fact that the will must establish a period during which the condition must be fulfilled.276 V.I.

Serebrovsky notes that the absence of deadlines within which the condition can be fulfilled gives the testamentary disposition an extremely unstable character. Therefore, it is necessary to establish in law a deadline for the occurrence of the event, as well as to determine the legal status of the inherited property.

Among the unresolved issues related to wills under a suspensive condition, some authors include changes in the very procedure for acquiring an inheritance, changes in the conditions of the heir’s responsibility to creditors,277 the legality or illegality of certain conditions included in the will.278 D.I. Meyer, dwelling on the subject of conditional wills, noted that conditions contrary to morality are not

make wills invalid and are considered as if they were not written.

So, the opinions of most authors agree that wills under a suspensive condition do not contradict the law, and the main thing is that the condition of the will is not aimed at limiting the constitutional rights and freedoms of citizens.3'13 For example, oblige the heir to choose a certain profession or set living conditions in a certain locality.

It should be noted that notarial authorities sometimes give completely contradictory recommendations to notaries. Let us quote: “A will under a condition is not permissible.

For example, a will cannot be certified under the condition of receiving lifelong maintenance from the heir. At the same time, if, for example, the testator has the right to bequeath his library of specialized literature, provided that the heir devotes himself to work in the corresponding profession, then such a will can be certified.”279 In the above quote there is an obvious violation of the rules of formal logic.

After all, if “a will under a condition is not permissible,” then how can one “at the same time” make a will “under a condition”? From the point of view of grammatical interpretation, the expressions “under condition” and “subject to” are equivalent. What conclusions should a practicing notary draw from this recommendation?

Also completely inexplicable is the opinion of the Moscow Regional Notary Chamber that “we can talk about conditions only in cases where the will is certified, but not in case of closed wills.” We have before us a case where the Moscow Notary Regional Chamber independently engages in law-making, establishing permissions and restrictions in the exercise by persons of their rights and obligations, contrary to the direct instructions of the law and the principles of civil law.280

It should be noted that drawing up a will under a suspensive condition in favor of the state should be considered unlawful. A different decision will lead to a violation of state sovereignty.

The conditions may not be related to the lawful or unlawful behavior of the heir. For example, the testator may indicate in the will that his youngest son will inherit his apartment if he has a child by the day the inheritance is opened.

If this does not happen, then this apartment will be inherited by the eldest son, who already has two children.

So, it seems that for the validity of a conditional will the following conditions are necessary:

The question of the occurrence or non-occurrence of the condition must be resolved by the day the inheritance is opened. Otherwise, there is legal uncertainty regarding the inherited property, uncertainty regarding the protection of the inherited property until the condition occurs, etc.

The conditions specified in the will are invalid, and along with them the will itself, if they contradict the law or violate the constitutional rights and freedoms of the heirs.

Expert opinion

Kuzmin Stanislav Timofeevich

Legal consultant with 6 years of experience. Specializes in the field of civil law. Member of the Bar Association.

If the conditions specified in the will are not fulfilled by the heir due to any objective reasons, then in this case the will, insofar as it concerns such conditions, may be declared invalid at the suit of the heir.

Thus, we consider the making of a will under a condition permissible. Moreover, there is already a practice of using such wills in some republics of the former USSR.

For example, conditional wills are provided for by the Civil Code of the Kyrgyz Republic, the Republic of Belarus, and Ukraine. Testamentary dispositions drawn up under conditions are provided for by the laws of some foreign countries.

For example, in Spain, testamentary dispositions can be made subject to conditions, regardless of whether they are of a universal nature, i.e. they were made in relation to the entire property or in relation to its parts.

In Switzerland and Bulgaria, the testator may stipulate in the will that certain conditions be met and that certain duties be imposed. In the inheritance legislation of the republics of the former Yugoslavia, the testator has the right to establish the conditions and deadlines for the execution of actions assigned to the heir or legatee.

The Law on Inheritance of the State of Israel provides for inheritance not only under a suspensive condition, but also under an executory condition. 178

I want to make a will for my grandson. At the same time, I want him to get married after my death and only after that receive an inheritance. Is it possible to include such a condition in a will? How to register it, and will it be legal?

In legal practice, a will with a condition is rarely used. However, the law allows the drafter to include certain requirements in his order.

This rule is established by Article 1119 of the Civil Code of the Russian Federation, which proclaims freedom of will and establishes that citizens have the right to enter into their administrative document any obligations that do not contradict constitutional freedoms and generally accepted morality.

To the question of constitutional freedoms, it is worth adding that the condition on marriage contradicts the provision on the voluntariness of concluding family unions. Therefore, after your death, the heir will challenge this order in court, and it will be canceled.

However, the marriage condition itself will be considered valid until it is canceled in court. Therefore, if the grandson does not go to court with this demand, he will still be obliged to marry.

Instructions: how to write a document naming an heir

This condition is included in the will if the testator wishes to provide for the possibility of the sudden death of the successor. Also, sub-assignment is formalized so that the inheritance does not go to “undesirable” applicants in the event that the main applicant refuses the inheritance.

Where to go and with what papers?

The expression of will is drawn up in the notary's office at the place of residence or location of the majority of the inherited volume. There are several notaries working in large towns in the area. Services are provided to clients depending on the first letter of the surname: when the time comes to reveal the terms of the will, it will be easier for the heirs to find the place where they need to write an application for entry.

You must have with you a passport and papers confirming that the property being transferred belongs to the testator. It is advisable to provide passport details of successors in order to identify them in the future. Before registration of the document, the state fee is paid, and the receipt is given to the notary.

There is no need to certify copies of documents in advance. The procedure includes an authenticity assessment. Bring the originals, and copies will be taken at the notary's office, which is included in the cost of the service.

What should be in the content?

It is important to describe the conditions correctly. First, the estate is listed. Each object must be identified. If we are talking about an apartment, the address, number of rooms, floor, square footage, etc. are indicated. For a car - make, model, title data (year of manufacture, engine size, color, modification, body type, VIN code, etc.). The more data, the less disagreement there will be.

Use legal terms in the text. Liberties lead to discrepancies and litigation. Sometimes it happens that the will is canceled and the conditions lose all meaning. When registering an executor or obligatory tenants, provide their passport details. Notification is not required. There is also no need to describe the premises of your own decisions. Legislation takes into account only the facts.

State duty and other financial expenses

When registering, a fee is paid, which does not depend on the number of conditions provided for by the will. Checking legality is a notary’s duty for which you do not need to pay. Additional legal services are paid separately.

Persons accepting an inheritance with conditions pay more. They pay the duty, which is not always a fixed amount. When registering real estate, 0.3% is charged from close relatives and twice as much if another person is specified in the will. Heirs of the second stage are no longer considered close.

Legal and illegal conditions

There are several criteria that determine eligibility. Firstly, the conditions should not affect the rights and freedoms of citizens specified in the will. Secondly, each condition is within the framework of laws. To properly determine whether a particular requirement can be included in a will, contact a probate attorney who has experience in challenging wills.

Failure to fulfill a condition

The notary has the right to refuse to issue a certificate if the heir does not comply with the testamentary order, provided that it is not canceled in court. The most common reasons for violation of conditions are:

the requirement named in the will was relevant only at the time of drawing up the will, and after the death of the testator ceased to exist;
the heir had no idea about the testator’s condition and therefore did not fulfill it;
the heir did not submit to the notary documents indicating the execution of the order, or submitted them in a smaller quantity;
the heir does not want to fulfill the testamentary disposition for subjective reasons (in this case, he has the right to demand in court that this condition be declared invalid).

Expert opinion

Kuzmin Stanislav Timofeevich

Legal consultant with 6 years of experience. Specializes in the field of civil law. Member of the Bar Association.

As a rule, the testator determines the deadline for carrying out orders and indicates it in the will. If the period is not specified, it is assumed that the condition must be fulfilled within 3 years after the opening of the inheritance.

If the heir does not fulfill the lifetime requirements of the deceased within the established time frame, the notary revokes the will. After which the mechanism of inheritance by law is “turned on”, and the inheritance mass is divided among the legal successors in order of priority.

How a lawyer can help

The process of drawing up and executing a will can cause many problems due to incorrect drafting of documents or non-compliance of the content with the law. By turning to a law firm for help, testators can correctly formulate possible factors that should be mentioned in the will, without the risk of facing a challenge after the death of the testator.

For heirs, legal support, on the contrary, will help to protest unfair, infringing decisions regarding the inheritance and the conditions for its re-registration. A detailed knowledge of the law will help to identify violations and have them declared illegal through the courts.

How to make a will with a condition

The law does not provide any specific rules for writing a will with a condition. In form it is a regular administrative document.

You can draw it up yourself and submit it, closed or open, to a notary for certification. You can also contact a notary and write a will directly with his help.

It will be considered valid if it contains the following information:

Full name, address and passport details of the compiler;
a description of the inheritance mass indicating the main characteristics (it is also permissible to use the general phrase “all inherited property, whatever it consists of and wherever it is located”);
Full name of the heirs and degree of relationship (if he is a relative);
the size of the share due to each legal successor;
place and date of compilation;
the signature of the originator and the notary, as well as the notary stamp.

Before putting the registration stamp, the notary will offer you a completed will for your review and verification. Please read it carefully to correct any errors in advance.

A will with a condition is an opportunity not only to distribute valuable property among certain successors, but to impose conditions on the heirs. Sometimes these “reservations” are so onerous that it is easier for the successor to refuse the inheritance than to accept it.

In practice, owners rarely make wills with a condition. Some people don't see the need for this.

Others think that the heirs will challenge such a document, which means there is no point in drawing it up. In fact, a will with a condition has sufficient legal status if drafted correctly.

Probate costs

When drawing up a will, you will have to bear the costs of legal assistance and notary services. The latter service is mandatory, since without a notary mark, a document, even if it is drawn up in accordance with all the provisions of the law, will not be considered valid.

The amount of the notary's office fee is determined by the provisions of the Tax Code (Article 333.24) and is equal to 100 rubles.

An additional fee is paid for technical and legal services that often accompany the process of preparing a will. Prices at notary offices may vary in different regions, depending on the tariffs established in specific localities.

The legislative framework

All inheritance issues are concentrated in Section V of the Civil Code .

The author of the will can mention any persons as successors: from direct heirs to strangers and even legal organizations.
Property can be distributed in any shares, objects in kind, or bequeathed all to one person.
You can change a will: for this, a new text is drawn up, and the old one ceases to be valid.
The author is not obliged to notify either the legal successors or the persons mentioned in the text about the written will.
According to Article 1137 of the Civil Code of the Russian Federation, a will with a condition is one whose text describes the circumstances that the heir will have to fulfill. The document may contain a description of any conditions that do not contradict current legislation and common sense.

Similarities and differences between refusal and assignment

It is necessary to understand that the term “testamentary refusal” does not mean disinheritance. This meaning conceals a condition requiring the successor, by law or will, to bear property obligations to third parties. An assignment is a separate condition when the beneficiary receives, along with the inheritance, some obligation that he must fulfill. The executor can be either an heir or an outsider (an executor appointed by the testator).

But both the first and second options are types of conditions into which most orders of testators are divided. A common feature is disinheritance if the successor refuses to carry out the will of the deceased. Sub-assignment is allowed when property is transferred to a specific person mentioned in the text of the will in the event of refusal to accept the inheritance or death of the main applicant. The duties of the designated citizen are also determined by the will of the testator.

Conditions: what are they?

No law relating to inheritance relations provides a list of possible or prohibited conditions. The testator can express any of his will. It is enough just to make sure that not a single clause contradicts the law, other clauses of the will and does not violate anyone’s civil rights.

An experienced lawyer can help with this, so it is better to draw up a will with a condition together with him. The lawyer will tell you on what basis the heir can challenge the condition (for example, if it is too difficult to fulfill or contradictory).

Typical examples of circumstances that clearly show what a will with a condition is:

The child or grandson of the testator will be able to manage the inheritance and register it in their own name when they reach a certain age or receive higher education.
A will with a condition of lifelong residence contains a person who cannot be evicted from the inherited apartment until his death.
The surviving spouse will be able to enter into inheritance rights and use the land if he takes a vow of celibacy and no longer enters into family relationships. Another option is, on the contrary, the right to dispose of property will appear only after the heir gets married.
You can use the property only by paying maintenance to those named by the testator (for a certain period or for life, indicating the amount or percentage of income).
Entering into inheritance rights for a successor means taking on the responsibility of looking after the animals left after the death of the owner: providing them with favorable living conditions, feeding and caring for them. The animal can be either a small dog or a horse, which requires constant attention, effort and money from the heir for maintenance.

Concept and form of a will

A will means a personal disposition of a person in the event of his death regarding his property and property rights, drawn up in accordance with the rules established by law. Only it allows a citizen to dispose of property in the event of death.

A will can also be defined as a one-sided legal transaction, the rights and obligations under the terms of which arise only after the opening of the inheritance.

These rights and obligations may depend, in particular, on the will of the person who has drawn up not a standard will, but a will with a condition.

Only the written form of a document certified legally is recognized, regardless of the means by which the recording was made.

There is one exception to this rule regarding the need for assurances, in particular, threats to the life of a person, giving him the opportunity to record his last will in simple written form. The condition for recognizing the validity of a will in this case is that:

Two witnesses are present when it is written and signed.
The contents of the document leave no doubt that this is indeed a will.

Testamentary refusal

The heir may refuse the duties assigned to him by the will. True, you will have to give up the bequeathed property. This can be done for the benefit of others.

The Civil Code gives the concept of legatee . This is the person in whose favor the successor will fulfill the terms of the will. For example, this is a grandfather who will live in the apartment until his death, and the apartment cannot be sold until that moment.

Examples of testamentary obligations:

Transfer to the legatee the ownership of part of the property: an apartment, a share in it, a plot, etc.
Give the legatee the opportunity to use the property of the deceased for a certain period or until the end of his life. For example, do not sell an apartment while a certain person specified in the will lives in it.
Allocate funds to pay the debts or residence of the legatee (from the inheritance estate).
Help the legatee physically (how exactly should be indicated in the text).

Life residence is the most common provision in a will. It is easy to arrange it in such a way that it is impossible to challenge it. Compliance with this condition does not violate civil rights or violate the law.

The right to live in the apartment of the deceased (and therefore to become a legatee) can be obtained by any person: a relative, an acquaintance, a stranger. As a rule, a will with such a condition specifies the period of residence during which it will actually be impossible to sell the apartment.

Execution order

Expert opinion

Stanislav Evseev

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

The responsibility for executing the order lies with the beneficiaries. If these persons evade their duties, they can be held accountable. For example, a legatee may file a claim to compel the execution of a will.

To avoid problems, the testator can appoint an executor of the will (Article 1134 of the Civil Code of the Russian Federation). The powers of the executor are confirmed by the relevant certificate and follow from the text of the administrative document.

Responsibilities of the executor of a will:

Ensuring the safety of the testator's property. The necessary actions are carried out through a notary.
Receiving money from third parties for subsequent transfer to heirs.
Ensuring the transfer of property rights to the heirs in accordance with the last will of the deceased citizen.
Conducting cases related to the execution of orders in government agencies or in court.

The executor has the authority to require the beneficiaries to execute the will. If necessary, he can file a claim.