Drawing up a will for a share in an apartment: what you need to know

Sample will for an apartment

As a rule, the subject of disputes after the death of a relative becomes his most valuable property - real estate. In order to avoid family squabbles and legal proceedings, the property owner should determine in advance whose ownership the real estate should go. The owner can legitimize his will by drawing up a will.

Making a decision on the transfer of property into the ownership of selected persons - heirs, selection of heirs, distribution of property between them;
Preparation of documents;
Drawing up a written document (on your own or with the help of a notary), signing personally by the testator and notarization.

Sample will for an apartment

The testator can distribute his property into specific parts for each heir or list them in a general list. Based on this, each of them will receive the specified or the same share. At the same time, only that part of the property that belongs to the client according to the certificate of ownership can be unsubscribed. When filling out the form, it should be indicated that from the testator’s share, which is 1/2 (1/3, 1/4) of such and such living space, such and such a portion is allocated to this or that entity.

If the legal capacity of the person being transferred is confirmed, the notary begins to perform legal actions. At the request of the testator, he draws up his will on paper and provides him with a sample for review. If the applicant has vision problems, the text is read out loud. In this case, independent witnesses who are not heirs are involved.

How to correctly draw up a will for housing or property

The principles of wills are that every Russian is free to bequeath property in his ownership to various persons (including foreigners), government, commercial, and charitable organizations. It is permissible to bequeath the entire existing estate or its individual objects or items. Where to start writing a document, in what form is it better to leave it and where to submit the form to avoid mistakes?

The basic rule for this document is that it must be in writing and signed personally by the testator. But there are exceptions to any rule. They exist in this case too:

The testator may be seriously ill or illiterate. Then, in the presence of a notary, another person can write a will using his words. It is imperative to note in the document the reason why the testator was unable to personally address this issue. In addition, the surname, name and patronymic (in full), as well as the place of residence of the person who was entrusted to write the document for another, are indicated.
Sometimes a person is in a place where he cannot reach a notary. Then the will can be certified by the chief physician of the hospital or the doctor on duty, the captain of the ship, the head of the expedition, the head of the prison, the commander of a military unit. Their signature has the same force as a notarized declaration, but then a witness is needed to sign as well.
If a person is in a situation that threatens his life, there is no question of how to correctly draw up a will for property. Here it is only important to list all available material assets and write to whom the person wants to transfer them in the event of his death. It is important that the signatures of two witnesses are required for the document to be valid.

There are certain nuances that should be kept in mind:

Any adult capable person can write a will for the property that he has. If a person got married before the age of 18, he can write a will in this case as well;
those people who are interested in the question of how to correctly draw up a will for a house should remember that you can bequeath not only existing property or real estate, but even a house that is just being planned and will be built in a few years;
if there are several heirs, the testator himself distributes the shares of the inheritance between them. He can divide the property equally, or bequeath a smaller share to one and a larger share to the other;
There is a rule about a mandatory share in the inheritance. The children of the heir (if they are disabled or have not yet reached the age of majority), as well as the disabled spouse (or parents) and disabled dependents, apply for it.

When choosing a witness, you need to take into account that there are people who are not suitable for this role:

the notary whom you contacted for legal registration of the procedure;
an heir or other person to whom you will bequeath property;
incapacitated person;
an illiterate person or a person who does not know Russian well;
It is important that the notary does not have the right to sign a will in his own name, as well as in his own name and in the name and on behalf of his relatives.

Sample will for an apartment

Example. Citizen N. issued an order for his nephew. However, he did not provide the young man with information about the document. After the death of the testator, his children found a declaration of will in his documents. To avoid being disinherited, they decided to keep silent and threw him out. The nephew did not find out about the existence of a will and was unable to inherit.

Determine the list of property and composition of heirs.
Contact a notary office.
Provide the text of the document or use a notary’s sample as a basis.
Pay the state fee.
Study the text of the will.
Sign and pick up the administrative document.
Transfer the order to a potential heir.

How to correctly draw up a will for an apartment in 2021?

When drawing up a document, a citizen has the right:

bequeath property that belongs to him or will be acquired. It is important to accurately formulate its parameters. In particular, for the apartment you must indicate its address, brief characteristics, cadastral number;
list in the will the circle of persons to whom the apartment will belong after death, establishing the share of each;
establish the deprivation of the right of inheritance of heirs by law by ordering in the text of the document or distributing shares in the property only to other persons;
assign and establish powers to the executor of the will;
assign the obligation to the heir to fulfill the will of the testator in relation to certain persons. For example, give the opportunity to live in an apartment for a certain period of time;
oblige the heir to perform actions, for example, burying the testator.

The will must be executed on paper in your own hand. It is permissible to compose the text on a computer and print it out, signed by the testator in his own hand. The presence of unspecified corrections and pencil execution of the text is prohibited.

How to draw up a will for an apartment

There is no single answer to the question about the cost of registering a will. The reason for this lies in the fact that when contacting a notary, a citizen pays a state fee and the notary’s consulting services. If everything is clear with the first point - 100 rubles. (Article 333.24 of the Tax Code of the Russian Federation), then each notary sets the amount of payment for his services himself. The price partly depends on the region, the level of the notary, and the duration of the work. On average, the cost is from 1,000 rubles. up to 5,000 rub. But it can also be higher.

Decide what property, to whom and in what volume you want to transfer.
Prepare a draft will. We recommend living wills to make the key principles easier to understand.
Decide on the form of the will: standard or closed. The second option involves having the will certified by a notary without familiarizing yourself with its contents.
Formatting the text. You can use a computer to do this, but the signature on each copy of the will must be original. In total, two copies will be required: one for the notary, the second is returned to the testator after certification.
Contact a notary. During the work, the notary will study the presented text, tell you how to draw up a will for an apartment (), and correct errors. In one option, the notary does not study the text if you are drawing up a closed will.

We recommend reading: How to Find out Who is Registered in an Apartment

How to make a will for a share in an apartment

The law allows you to draw up a will by hand and in any form. However, to obtain legal force, the document must contain the following data:

personal data of the compiler (full name, date of birth, residential address, passport details);
Date of preparation;
information about heirs and distribution of shares;
description of property;
list of conditions (if any).

It should be understood that an incorrectly drawn up order can be challenged in court by interested parties. Below is a sample will for a share in a privatized apartment.

Let us consider the procedure for writing a testamentary disposition in more detail:

To determine the market value of the property, the testator should use the services of an appraiser. For these purposes, you can also use the data from the cadastral passport.
Writing a will. The author can perform all the steps independently or draw up a document with the help of a notary. The text of the document must reflect comprehensive information about the alienated object and the applicants for the inheritance. Advice and wishes to relatives are also allowed, as well as indication of conditions for the transfer of property rights.
Certification by a notary. After the document is certified, it is stored in the notary's office until required. At any time, the drafter can make adjustments to the text of the will or completely rewrite it. In this case, the new document is certified, and the old one is removed from the notary’s personal archive.
When the author of a testamentary disposition dies, the notary opens an inheritance case. Relatives of the deceased must contact the notary's office within six months from the date of death of the testator and enter into inheritance rights.

Let's look at the list of documents that the testator must have with him when contacting a notary:

passport;
will (if it has not yet been notarized);
title documents for real estate;
papers indicating the allocation of a share in the apartment.

In some cases, the notary may request additional documents.

Sample will for an apartment for 2019

When inheriting an apartment in 2021, it is best to write the text of the document not at home, but in the notary office at the address of residence. The cost of the procedure is from 100 to 1000 rubles, the price list is assigned by the notary office and depends on the package of services provided.

Contents of the will

The document must contain the following information:

in words in full the date of compilation, as well as the name of the locality where it is made;
testator's data (full name without abbreviations, date of birth, passport details and exact registration address);
a list of property (the name and individual characteristics of the apartment should be indicated, making it possible to identify it);
Full name without abbreviations, date of birth of the heir;
other orders related to the right to inherit an apartment in the event of the death of the heir or his refusal to accept the inheritance, as well as the duties that the heir must fulfill;
information that the notary explained the content of Article 1149 of the Civil Code of the Russian Federation;
the number of copies of the will, where they are stored, as well as other features related to the preparation of the document;
information about witnesses, if they are present at the citizen’s expression of will;
personal signature of the testator;
signatures of witnesses (if they are named in the document).

Sample will for an apartment from a notary

Sadovaya, 115, phone 495-42-67. Registered in the register under No. 19876 A tariff was collected - 100 rubles. NOTARY: KORKINA LARISA YURIEVNA Seal. Note: the date and place of drawing up of the will are indicated in words. When composing the text of a will, the testator may include in it a requirement that one or more heirs included in the will fulfill property obligations in favor of one or more persons.

Such requirements may include imposing on the heir to whom the residential premises have been bequeathed the obligation to provide this premises for residence to another person for the period of his life or for a certain period. The right to use residential premises by testamentary refusal It should be noted that, in accordance with the law, a will can be certified not only by a notary. In accordance with Article 1125 of the Civil Code of the Russian Federation, officials of local governments and consular offices of Russia abroad are given the right to perform notarial acts, including certifying wills of citizens.

Sample of writing a will

The text can be written by hand or using technical means. An exception is a closed will, since it can only be drawn up by hand.
We must not forget about the required details. These include the signature of the testator, which is placed at the end of the text.
No errors or corrections are allowed; handwriting must be legible, otherwise the document can be challenged in court.

The ability to inherit all property owned or only part of it.
The testator can indicate not only individuals, but also legal entities as successors. It is interesting that, unlike inheritance by law, the heirs do not necessarily have to be related to the testator by family ties.
The testator has the right to draw up an order in closed and open form. They differ in the order of compilation and certification.
At the discretion of the testator, two witnesses may be present during the procedure for certifying the open expression of will. It is important that they are not included in the circle of successors, otherwise the secrecy of the will will be violated.
Information about successors and transferred property contained in the text of the will must not be disclosed until the opening of the inheritance.
At any time, at his own discretion, the testator can cancel the document or draw up a new order.

Sample of a will

When composing the text of a will, the testator may include in it a requirement that one or more heirs included in the will fulfill property obligations in favor of one or more persons. Fulfillment of this requirement must be done at the expense of the inherited property.

We recommend reading: How to register ownership of an apartment

Using our template to apply to your circumstances, you can draft the text of your will based on the number of heirs and the specific property that you intend to bequeath to a specific heir. If you do not indicate to whom you are leaving what property, then your heirs will have the right to equal shares in the inheritance.

How to draw up a will correctly so that it is not challenged: sample

Invite only uninterested people. It is advisable that witnesses be present during the writing of the will, as well as at the notary. Please note that in this case, the testamentary document is sealed by the testator in an envelope (this is done even if the owner of the property acts alone), then it is signed. It is necessary to put the date of drawing up the paper, then those invited as witnesses put their signatures.

It is not recommended to invite relatives or potential heirs to participate in the process. Under such circumstances, even the most competent and legally sound will can be challenged. Please take this fact into account when drafting your document. If you have no one to invite, you can even invite your neighbors. The main thing is that disinterested persons act as witnesses.

Notary, witness, enforcer. How to draw up a will?

Unfortunately, there are cases when the will of the testator cannot be fulfilled:

when it was written by an incapacitated, sick person who was not responsible for all his actions at the time of drawing up the document;
if compiled by a young person who is not yet 18 years old;
if this paper is written under threat;
in the case where the testator’s instructions are unclear, it is impossible to understand to whom and what he bequeaths;
a will executed illegally has no legal force;
when written in favor of a witness.

Now, knowing how to correctly draw up a will, it becomes clear that this issue is very serious. But it is important to remember that it can be changed at any time, that it is not compiled once and for all. All rights of inheritance remain with the testator. He may rewrite it several times during his life. If the document was rewritten several times, then the one that was made last will be considered valid. You can even cancel your decision to transfer the inheritance. Any notary office has a cancellation order form.

Despite the possibility of bequeathing property, some citizens want to protect the chosen heir as much as possible from possible claims of other relatives and participation in litigation. For this purpose, a deed of gift is drawn up - a bilateral gratuitous agreement, the conclusion of which requires the mutual consent of the parties.

With the help of a gift agreement, you can resolve the issue of how to inherit an apartment during your lifetime. Transferring housing through a gift is convenient for a close relative, since it exempts him from paying taxes.

The will must contain reliable information about the applicant’s property, which is checked by the notary before executing the document. The envelope itself must contain information about the date and place of the paper. If the will is closed, then according to the provisions of Art. 1126 of the Civil Code of the Russian Federation, information about time and place is indicated directly on the envelope.

Text of a Will for an Apartment at a Notary Example

It is unacceptable that at the time of drawing up the expression of will, the owner was in a state of alcohol or drug intoxication, suffered from a mental illness, or took psychotropic drugs. It is believed that such persons are not aware of the decisions being made. The document is invalidated if it turns out that the citizen did not act of his own free will, but was misled, intimidated by verbal threats or the use of physical violence.

What documentation is needed to draw up a declaration of will? It is clear from the provisions of the law what documents are needed for a will. If the paper is drawn up in a notary's office, the citizen will need a Russian passport or a foreign passport (for foreigners) with a note on consular registration. Other documentation is presented to the notary at will, if the owner wants to be firmly confident that his will will be carried out.

How to challenge a will to inherit an apartment

Challenging a will is only possible in court. The plaintiff can only be an heir interested in receiving the property if the claim is satisfied.

A compelling reason is required for a challenge. It could be:

incapacity of the testator at the time of drawing up the will;
being under the influence of alcohol or drugs;
misleading the testator, etc.

The reason must be proven. For this purpose, a post-mortem examination may be ordered.

If you need to challenge a will in court, we recommend working in tandem with a lawyer. A specialist will help prepare documents and represent interests in court.

The statute of limitations for inheriting an apartment for filing a lawsuit is three years as a general rule. However, the law allows inheritance cases to be heard within ten years.

What documents are needed to register a will with a notary?

List of heirs of specific property;
In what percentage will the inheritance be distributed;
Whether to transfer to certain heirs, in addition to property, additional obligations (if obligations are not fulfilled, such heirs lose their right to inherit).

The amount that must be paid to the notary for drawing up the will (in the case when he performs these actions) - mainly this amount is no more than 1 thousand rubles;
The fixed fee for notarization of such a document is 100 rubles.

Sample will for an apartment

Open – when all interested parties can know about the will of the apartment owner during his lifetime;
Closed - when applicants can find out about the final heir only when the will is read out at the time of his death;
Simple written form - written arbitrarily, but with a description of the subject of inheritance and passport data of the citizen who will receive it in the event of his death;
Notarial - drawn up in the presence of a lawyer in the inheritance case, registered and can be announced when the moment of death of the testator occurs.

But if this is not possible, then the text of the document must contain the names of the witnesses who were present when the will was drawn up and signed ; they also sign it in writing, and stipulate that it was written in their presence by a healthy person without mental anomalies. This registration point is mandatory so that relatives have fewer doubts about the testator’s legal capacity.

How to register an inheritance under a will for an apartment

To enter into an inheritance under a will for an apartment, you must complete the following sequential actions:

Acceptance of inheritance. To do this, you need to contact a notary.
Providing documents and applications.
Payment of state duty.
Obtaining a certificate of inheritance.

It is necessary to contact a notary to enter into inheritance rights within six months from the date of opening the inheritance case. As a rule, it opens immediately after the death of the testator.

To register, you need to contact a notary at the last place of residence of the testator. If there is no information about where he was located, the notary at the location of the apartment will handle the inheritance matter.

The notary will need to provide a passport, death certificate and will (if any). After finding out what is included in the inheritance mass and appraising the property, it is necessary to pay the state fee.

Based on the documents provided, if there are no impeding circumstances, the notary will issue a certificate of inheritance. It is issued six months after the opening of the inheritance case.

Before the certificate is received, the heir has the right to write a statement and refuse to receive the inheritance. Refusal is possible both in someone's favor and without specifying a successor.