Is it possible to change a gift will during your lifetime? Find out which is better - a will or a deed of gift? The difference between them, as well as the advantages and disadvantages of each deal

Let's say you own an apartment that you want to leave to a loved one. There are few ways: either draw up a will or a deed of gift. Each of these documents has its pros and cons - financial, legal, physical, and there are few situations where both donations and wills would be equally convenient - one of these methods is always more attractive. Specialists from the MIC Group of Companies talk about how to determine what is more profitable in your situation.
To begin with, it is worth considering the issue from a financial point of view. Although the tax on property received by inheritance or gift was abolished back in 2006, it will still not be possible to avoid some expenses either when making a will or when making a gift. Let's start with the will. To register it, you will have to pay the notary about 1000 rubles and pay a state fee of 100 rubles (150 if you call a notary at your home or hospital). Subsequently, the heir, in order to obtain a certificate of inheritance, will have to pay: 0.3% of the value of the property according to the BTI assessment, but not more than 100,000 rubles in the case of close relationships (children, parents, brothers and sisters, spouses) or 0.6 %, but not more than 1,000,000 rubles in the absence of a close relationship. He will also need to register ownership of the inheritance on the basis of a certificate. To do this, you will have to pay a state fee of 1000 rubles. A separate question that concerns most people is whether it is necessary to pay personal income tax? No, don't. According to paragraph 18 of Article 217 of the Tax Code of the Russian Federation, income received through inheritance in cash and in kind is not taxed, regardless of the degree of relationship (it may not exist at all). The gift agreement also requires certain expenses. Although it is drawn up in simple written form and does not require mandatory certification by a notary, it is better to draw it up with the help of an experienced lawyer or realtor, whose services will cost from 5 thousand rubles. After the agreement is written, it is necessary to register it with Rosreestr. You will have to submit two sets of documents at the same time: for registration of the gift agreement and for registration of ownership of real estate for the new owner. For each of them you will have to pay a state duty of 1000 rubles. The most unpleasant expense item is the personal income tax in the amount of 13% of the cost of the apartment, according to the BTI. But, according to the same Article 217, close relatives of the donor are exempt from it. Thus, if you want to bequeath property to a close relative, then a deed of gift will be cheaper, since you will not have to pay personal income tax. If we're talking about about distant relatives or friends, it is better to make a will, because 0.6% of the value of the property is much less than 13%. Other registration costs are approximately equal in both cases. But in addition to monetary differences, donation and will have some other differences. It all depends on the specific circumstances. For example, if you have mandatory heirs (pensioners, minor children, disabled people), and you want to bequeath the apartment to someone alone, then a deed of gift is best suited. Otherwise, relatives, regardless of the will, will be able to take 2/3 of the share due to them by law in the absence of a will. Also, a deed of gift, unlike a will, cannot be challenged in court. This gives you a guarantee that the person you choose will receive the apartment. On the other hand, drawing up a deed of gift implies a certain risk, since after signing it you actually lose all rights to the property, including the right to use. That is, having received an apartment, nothing prevents the new owner from “putting you out in the cold.” While with a will, ownership is formalized only after the death of the previous owner.

In Russia, you can inherit the owner’s property by law or by will. However, the owner of the property has the right to dispose of it during his lifetime through donation. What is better to choose in Russia in 2019 – a will or a deed of gift?

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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When the owner of property in Russia chooses a method of transferring it to his heirs, he has two main options - leave it as an inheritance under a will and transfer it under a deed of gift.

Each method has its pros and cons. Is it better to make a will or draw up a deed of gift in 2019?

General points

The choice between a will and a deed of gift is often driven by the desire to find a way that guarantees the transfer of property to the designated person.

However, any transaction can be challenged. Of course, you will need sufficient grounds to go to court and irrefutable evidence to declare a document invalid or void.

The deed of gift is canceled in cases where:

A will can be revoked if the testator:

• was incompetent at the time of signing the document or partially incompetent (by a court decision or under 18 years of age);
• signed a will under the influence of threats and violence;
• could not control his actions (temporary incapacity due to medication, etc.);
• was misled;
• stated illegal provisions in the will;
• called inappropriate witnesses (those who did not understand the essence of the case);
• was not present at the signing in person.

And since theoretically it is possible to challenge both a will and a deed of gift, then when determining the best way, should be guided by other criteria.

It is necessary to take into account how well thought out the decision was and whether the property owner will regret the decision in the future.

It is important to understand that although the purposes of a will and a deed of gift are the same, the legal consequences are somewhat different.

Definitions

A will is a unilateral transaction that expresses the will of a citizen regarding his property for disposal after the death of the testator.

The owner of the property independently appoints. Moreover, these may be physical and legal entities, municipality, state.

The testator has the right to distribute his property among several successors or leave everything to one heir. The main thing is that at the time of opening the inheritance, the bequeathed property must be in full ownership of the testator.

During his lifetime, the owner of the property has the right to repeatedly change the contents of the will, change successors, or even cancel the transaction. The most recent version of the will is considered legally valid.

Important! The testator is not obliged to notify the heirs about their mention in the text. Moreover, it is allowed to draw up a closed will when no one except the testator

Donation standards are regulated. The main rule of the gift transaction is the criterion of gratuitousness. The subject of the gift is transferred without requiring reciprocal obligations on the part of the donee.

In this case, the inability to accurately identify the object of the donation or an indication of the transfer of the gift after the death of the donor leads to the recognition of the deed of gift as void.

What is better to make a will or deed of gift?

The choice between a will and a deed of gift depends on the circumstances. For example, there is an urgent need to dispose of property, but the successor is away from the owner.

In this case, it is easier to make a will. Or the property owner doubts that the designated successor will receive the property. In this case, it is better to issue a .

When comparing a deed of gift and a will, you need to consider the following points:

• moment of transfer to property;
• status of the recipient (degree of relationship, presence of other heirs);
• registration costs;
• possibility of canceling the transaction;
• the possibility of the recipient participating in the transaction, etc.

But no matter which transfer method is chosen, it is important to formalize the transaction correctly. Improper execution leads to the recognition of the transaction as unlawful.

A transaction is considered invalid when the rules for drawing up documents are violated. A transaction is void if legal norms are not met.

Drawing up a will or deed of gift begins with collecting the documents necessary for proper execution.

Preparation of a package of documents

The list of documents for a will and deed of gift is somewhat different. The difference is due to the fact that in the first case the transaction is one-sided, and in the second it is bilateral.

To draw up a will you will need:

To draw up a gift agreement you need:

• passports of the donor and recipient;
• title documents for the subject of the gift;
• documents indicating the absence of encumbrances/restrictions on the property.

Based on these documents, the contents of the document (deed of gift or will) are drawn up. A will form is available. The form of the gift agreement is possible.

The composition of title documents for the transfer of ownership depends on the type of property being transferred. In the case of a will, these documents will be required at the time of opening.

But when drawing up a deed of gift, title documentation is needed at the time the document is drawn up to determine the legality of the transaction.

For an apartment

When transferring ownership to another person, you will need:

If the apartment is jointly owned, then it cannot be disposed of without the other owners. In this case, both the will and the deed of gift are drawn up from one person.

Therefore, you first need to allocate the shares of all owners and officially register the section in. Next, each owner disposes of his share.

If the apartment belongs to one owner, but he wants to bequeath it to several heirs, the exact share of each heir will be required.

For house and land

When transferring a house, the same rules apply as when transferring an apartment. But you need to take into account that the house and land are separate objects.

That is, if a will or deed of gift states that a house is being transferred, this does not mean automatic receipt land plot under the house.

To register a deed of gift, you will need to prepare a separate package of documents in relation to the land and the house. In the case of a will, two different objects are described.

Other property

Almost any property owned by right of ownership can be transferred as an inheritance or as a gift.

This could be a car, jewelry, paintings, some valuables, bank deposits, etc.

The main requirement is that the ownership of the testator/donor in relation to the transferred property is indisputable. Ownership must be confirmed by proper documents.

This point also needs to be taken into account. When accepting an inheritance, the successor, along with the inheritance, assumes the duties of the testator.

For example, if the testator had debt obligations, then the successor will have to pay them off after the death of the testator.

Video: which is better - a will or a deed of gift

In the case of a deed of gift, the donee accepts only the property, but with all the accompanying restrictions (public easement, for example).

How are they different?

It is impossible to say what will be better in a particular case - a will or a deed of gift. When determining the best option, it is worth comparing the main parameters of the transactions.

The main differences between a deed of gift and a will:

Both a deed of gift and a will are a way of transferring any property belonging to a citizen to another person or group of persons.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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There are no restrictions on the degree of relationship; the recipient can be a close relative or a stranger.

The differences between these documents lie in the nuances and execution process.

To choose the most appropriate option, you need to carefully study all the aspects and pitfalls that you may encounter.

What is it?

From a legal point of view, a will and a deed of gift are two different documents. The transfer of property from one person to another occurs in different ways and are taxed differently.

The only one common feature– gratuitous transfer of property to another person:

1. A will is a document, a one-sided transaction, which allows, after the death of a person, property to be distributed among members of his family and other persons in accordance with his will. In the presence of a will, the legal order of inheritance fundamentally changes; not only a direct relative, but also a neighbor, colleague or any other person outside the family circle can become an heir.
2. A deed of gift is an agreement by which the process of gratuitous transfer of any property of one person to another or several persons is recorded. Moreover, the document comes into force from the moment it is signed, and it is almost impossible to appeal against its effect. The gift agreement can also be drawn up both for a relative and for any stranger.

Legislative framework

The legislation of the Russian Federation clearly regulates the execution of a will and the parameters under which it can come into force after the death of the testator.

The legislative process of inheritance by will is reflected in the Civil Code of the Russian Federation, Chapter 62.

According to this legal act, the will must be:

• drawn up by a competent citizen;
• drawn up and signed personally;
• contain posthumous dispositions of only one person.

For a will to be legally binding, it must be notarized, unless the document is being drawn up in emergency situations.

In order to draw up a gift deed, you will need:

• collect a package of documents confirming ownership;
• provide a cadastral receipt from the BTI;
• pay the state fee;
• enter into a written agreement.

Will or deed of gift – which is better?

Both of these documents serve the same purpose - the transfer of rights to any property from one person to another. If a will is drawn up, the process of transferring property will become possible only after the expiration of 6 months from the date of death of the testator.

When concluding a gift agreement, the transfer of rights occurs at the moment of signing the document.

For example, if a citizen bequeaths his apartment to relatives, then until his death all rights to real estate will still belong to him; no one has a legal basis to claim the living space.

However, if a deed of gift is issued, this citizen actually loses the right to live in his own apartment, since it no longer belongs to him.

When making a will you can:

• change it at any time;
• redistribute ;
• exclude one heir or add several more claimants to the inheritance.

This is a unilateral contract, and therefore it can only come into force after the death of the applicant.

A gift agreement, if it was drawn up legally, is almost impossible to cancel.

For an apartment

Perhaps the main aspect in choosing between making a will or deed of gift to close relatives is moral.

There is no clear answer which is better: deed of gift or.

When choosing a will, many people are guided by the fear of losing their only home and ending up on the street.

At the same time, very often relatives who do not agree with the last will of the testator begin a long and complex process of appealing the document, which can become a real bone of contention. It should also be taken into account that in the event of a change of owner, the amount of utility bills, property taxes, etc. may change.

From a legal point of view, the choice of method of transferring property is not of fundamental importance for close relatives: in both cases they will be exempt from paying income tax.

But distant relatives and people who are not related, if a donation agreement for an apartment is executed, will have to pay 13% of the cost of the apartment.

Inheritance of an apartment does not apply.

For house and land

One more important aspect transfer of real estate by will – the ability to offer own terms, having completed which, the heir can assume rights.

Such a condition may include providing care for an elderly resident of the house, preserving buildings on the land, etc.

Regardless of the contents of the will, minors and incompetent heirs will have.

How are they different?

Despite the superficial similarity of these two legal acts, they differ radically in the process of drafting, in cost, and in terms of execution time.

Design features

Both documents must be in writing, but notarization is required for a will.

You can draw up a gift agreement without the participation of a notary; after agreeing on all aspects of the agreement and all the conditions for the transfer of property, the document is submitted for state registration to the relevant authority.

To ensure that the legality of both documents cannot be subject to the annulment procedure, before their execution, a psychiatric examination can be carried out, which will confirm the applicant’s legal capacity.

The following conditions must be met:

• the text of the declaration of will must be drawn up clearly and clearly to avoid ambiguity when announced;
• the share of each heir must be indicated as a percentage or other indicator;
• it is necessary to appoint heirs who will inherit the property in the event of the premature death of the direct heirs;
• the will must have an executor, whose full powers must also be detailed in the will.

To draw up a deed of gift and transfer property as part of a donation, the following package of documents will be required:

• identification documents of the parties to the transaction;
• document confirming ownership;
• direct gift agreement;
• receipt of payment of state duty;
• cadastral document received from the BTI.

To register a deed of gift for real estate in which minor children are registered, you must also obtain permission from the guardianship authorities.

What is more profitable and cheaper?

For direct relatives in financial terms, it is not of fundamental importance: a will or a gift. As a method of transferring property, everyone decides for himself from a moral point of view. In both cases, relatives will be exempt from paying tax.

For heirs, donation is preferable, since it allows you to immediately enter into legal rights on property and do not wait 6 months after death before probate.

For those who are not a relative of the donor, you will have to pay a tax established by the state to transfer ownership rights.

In that case best option– execution of a will, according to which such tax is abolished.

What can be disputed?

Both a will and a deed of gift in court if it can be proven that the document was drawn up by an incapacitated person.

In the case of a gift deed, this can be done by undergoing an independent psychiatric examination confirming incapacity.

Since the will comes into force after the death of the owner of property rights, it is possible to prove his incapacity at the time of drawing up the will by providing the court with evidence: certificates of registration in psychoneurological or drug treatment centers, etc.

The deed of gift for real estate must be drawn up by a competent lawyer

Quite often there are situations when a person wants to transfer real estate for use to his loved ones, relatives or other heirs.

But not every person knows all the intricacies of legal norms and gets lost when choosing an option for registering property, which is better: a deed of gift or a will for an apartment.

Before choosing one or another design option, you need to familiarize yourself with their positive and negative sides.

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What is the difference between a gift deed and a will?

Each person has some acquired property: an apartment, a house, a car, jewelry, books, works of art, etc. After the death of a person, his inheritance should go to his family members or relatives.

To do this, you need to make a will in advance or choose another method - enter into a donation agreement for the apartment.
Both documents are methods of transferring your real estate to another person, but there are fundamental differences between them, which will be described in detail in the table.

Comparative characteristics of documents

As for the deed of gift, it does not need to be certified by a notary, because the gift agreement goes through the state registration service, otherwise such a document will be considered invalid.

To decide which is better, a deed of gift or a will, you must take into account all the pros and cons indicated in this article and if you still have questions, you should seek help from a lawyer

Rules for registration of inheritance

Before deciding on the method of registering the transfer of inheritance, you should know how to correctly draw up such documents and what is better – a deed of gift or a will for an apartment in Russia.

When starting the process of registering an inheritance, the property owner must clarify important details:

• List of persons to whom the property will be transferred.
• Are there any disputes and conflicts between other relatives of the property owner regarding the transferred object.
• The difference in the payment amount utility bills, which may increase when the property is transferred to another person.
• Is there a possibility of fraud? Perhaps someone wants to get the property of an elderly person through dishonest means.
• What rights does the owner have (to stay) after transferring the living space to another person?
• Is there a need for care from the owner of the apartment?
• The cost of tax when preparing documents for the transfer of real estate to another person.

How to draw up a gift agreement

The deed of gift is drawn up in writing in the presence of both parties. The contents of the agreement must include the following points: the essence of the agreement, the date and place of execution of the document, the full names of the donor and the recipient, the personal data of the donor (passport series and number, date of birth and residential address).

Also in the document, the donor must indicate the amount of monthly rent for housing, name, volume and brief description transferred property.

Design features

If one of the parties, for some personal reason, cannot be present at the state registration service when submitting documents, the donor (done) can be replaced by a representative. But to do this, it is necessary to issue a power of attorney for him from a notary, which will give the right to a representative of one of the parties to sign the deed of gift and submit documents for registration.

In this case, neither party is at risk, because such a power of attorney does not give the representative the right to dispose of real estate and carries with it the usual documentation procedure.

The cost of a power of attorney is about 300 rubles if it is issued by a notary. If you want this document to be certified at home, then this service will cost you 1000 rubles. Such a document must necessarily indicate: the object of the donation and the personal data of the recipient.

In what cases is the permission of the spouse required to conclude a deed of gift?

If the property was purchased by the donor before he got married, then permission will not be required. If the living space was acquired by one of the spouses (built or registered) during the marriage, then in order to carry out the transaction of donating such real estate, the official permission of the spouse will be required.

Required Documentation

A well-drafted gift agreement must be signed by both parties and submitted for registration to the local Registry authorities.

Civil servants will enter all data about this property into the state register.

And subsequently, the new owner of the living space will be given a certificate that confirms that now all rights to this apartment belong to him.

To complete the registration process, both parties are required to provide the local government registration service with a whole package of documentation:

• original and photocopy of passport (donor and recipient)
• original and photocopy of TIN (donor and donee)
• donor's application for property registration
• application of the donee to register the transfer of ownership
• documents for the apartment (title document, cadastral passport, extract from the register of property rights)
• a certificate from a doctor confirming the donor’s legal capacity
• extract from housing and communal services (about persons who are registered in this living space)
• certificate of real estate valuation from the BTI
• receipt for payment of state duty

A deed of gift, compared to a will, cannot under any circumstances be changed by either party after it has come into force. But there are some exceptions; the contract can be challenged in court, in such cases:

• if the document is not compiled correctly
• if the agreement has not passed registration of ownership
• in case of death of the donee
• if the donor was declared incompetent at the time of conclusion of the contract
• if the transaction was carried out under pressure, as a result of threats and violence
• if at the time of conclusion of the contract the agreement of the donor’s spouse was not provided for the transaction of donating living space

In other situations, it is impossible to challenge or change the gift agreement. Therefore, before executing such a transaction, the apartment owner must weigh the pros and cons.

How to draw up a will for an apartment

The will may not turn out to be the best option transfer of real estate to an heir. This is due to the fact that the owner of the property may change the conditions specified in the document or even change his mind about bequeathing living space to someone.

The owner of the apartment has the right to include in the will other heirs who will have the same rights to the property.

People who do not know how to rent an apartment turn to specialists in the field of legal services for help. This document must be drawn up in writing and must be certified by a notary.

This document must contain the following information:

• Full name of the testator
• date and place of execution of the will
• testator's passport details
• full date of birth and residential address of the testator
• document entity
• a complete description and characteristics of the living space, which acts as the object of the will; list of heirs

Design rules

You can draw up a will yourself using a visual example.

After this, it must be taken to a notary office for certification.

Only after this does the document acquire legal force for all heirs who were included in the will.
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According to the established rules, in order to register a will, the testator must come to the notary office together with a witness. The presence of the heir is not required to complete the documents.

The will must be drawn up in 2 copies, one of which is handed over to the testator, and the other remains with the notary and, after execution, is transferred for storage to the state archive.

When drawing up an agreement, the testator cannot take as a witness one of the heirs, relatives, employees of a notary's office, incapacitated persons, illiterate citizens, as well as persons who have a criminal record for giving false testimony.

In the process of certifying a will, a notary must perform a number of step-by-step actions:

• identify the identity of the testator
• establish the legal capacity of the citizen on whose behalf the will was written
• control the document signing process
• put a personal stamp on a document
• register a document in the registry

Features that may arise when making a will

To write a will correctly, you need to adhere to the basic rules of its execution. In the will you need to set out your thoughts in detail, the document must be drawn up legally correctly. To avoid disputes between heirs, it is better to avoid the framework of common shared ownership.

It is also worth considering that direct heirs may live far from the inherited property. And relatives who are not indicated in the document may have access to the apartment and will be able to take away valuables until the legal heirs appear.

Subsequently, it will be very difficult to prove anything and demand that things be returned.

To avoid such situations, you should appoint an Executor of the will, who will control the entire process. You can take a lawyer, a lawyer, or any other person as an executor. interested person. The will must list its powers and be certified by a certificate issued by a notary office.

How much will it cost you to register an inheritance?

Many people are interested in the question of what is better - a deed of gift or a will for an apartment; the prices for processing these documents vary greatly. You must pay the established state fee, as well as the services of a notary office. Drawing up a document will cost you approximately 2,200 rubles, and for its registration you need to pay 1,400 rubles.

According to Art. 217 of the Tax Code of the Russian Federation, if a person gives an apartment to members of his family or secondary relatives, then he must pay a state duty, which is only 0.3% (of the estimated value of the living space specified in the contract), but not less than 300 rubles.

If a citizen gives an apartment to other persons, then the state duty increases to 1% (of the cost of living space up to 1 million rubles), but not less than 300 rubles. The state penalty will be 0.75% if the assessed value of the property exceeds 1 million. rubles, plus 10,000 rubles.

According to the documents and in accordance with the established rules of law, the state fee and notary services must be paid by the donee. However, if desired, all expenses can be borne by the donor or both parties.

Making a will for an apartment will cost you several times less. The cost is approximately estimated at 100 rubles. As for the state duty, the heir to the apartment will have to pay a certain percentage to the state, its amount depends on the degree of relationship between the recipient and the will-maker.

Family members and close relatives will be required to pay the state 0.3% of the entire value of the property that they inherited. All other citizens will have to pay more - 0.6% of the value of the property, if it does not exceed 1 million. rubles

Veterans of the Great Patriotic War and honored heroes of the USSR and the Russian Federation are exempt from state duty.

Also, in addition to the penalty that must be paid to the state, the heir must pay for the services of a lawyer, they will amount to no more than 1000 rubles.

It is difficult to answer the question of what is better to choose when inheriting real estate, a deed of gift or a will. It all depends on the current situation. If you trust the person for whom you will register an inheritance, then the best option for you will be a deed of gift.

This transaction is considered less troublesome and reliable for all its participants, but more expensive, unlike a will.

But, do not forget that from the moment you sign the deed of gift, you automatically cease to be the owner of the property. This poses a certain risk for the donor, since the gift agreement cannot be changed or contested.

If you have doubts about the heir, then it is better to opt for a will. You can make your changes to this document at any time: change the conditions, add or exclude heirs.

A lawyer discusses which is better: a deed of gift or a will:

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Often, having a car, a business or some kind of real estate, parents and relatives at some point pose the question: a will or a deed of gift - which is better? Everyone wants to do the right thing and share the inheritance. Naturally, when choosing between two procedures - a will or a deed of gift, you need to visit a notary who can help professionally.

But first, you need to personally understand the advantages and disadvantages of each option for disposing of the inheritance.

Concepts of deed of gift and will

So, deed of gift or will? First, let's look at the definitions.

• A deed of gift is an agreement to make a gift, which involves the free transfer of property into the personal ownership of another person, regardless of family ties.

• A will is a unilateral agreement or expression of the will of a civil person, in which the latter disposes of personal property posthumously, noting heirs.

What is the difference between a deed of gift and a will (signs)

The differences between these procedures are presented in the table:

Thus, a will is a safe transaction for the testator, because at any time he has the right to make changes to the text of the document. But a deed of gift is the most advantageous transaction for the recipient, so it is extremely difficult to challenge the document of donation.

It is necessary not to forget about the problematic issue that lies in the will itself: the heirs will need to give part of the bequeathed property to a certain group of people (minors, disabled people, old pensioners, children, father, mother, etc.), who may not be specified in agreement as heirs, but have, in accordance with the law, the right to a certain share of the inherited property.

The probate process

A will (for an apartment, house, car and other property) provides for the following actions:

• The testator's wishes must be clearly stated. The testator needs to define his own will regarding the division of the inheritance as precisely as possible in writing to avoid ambiguity or misinterpretation. And the paper must be drawn up in accordance with existing legal requirements.

• Establish the share of each of the heirs mentioned in the will. A clearly stated share for the heirs will free the latter from unnecessary strife. It is not recommended to use joint ownership for this purpose. If there is more than one heir, then for each unit of real estate, allocate a specific heir or his part in the inherited property.
• Subappointment of heirs. The testator can even decide who will be the owner of his property in the event that the first-priority heir dies. The same option is acceptable when the heir wishes to renounce his inheritance share.
• Appointment of executor of a will. This is necessary to ensure the protection of the inheritance. For example, a direct heir, due to his distant residence, cannot immediately after entering into an inheritance receive his share: cars, equipment, etc. Heirs who were offended and live nearby can illegally take possession of the assigned share. It is not possible to return an inheritance that has disappeared in this way. The executor of the will (executor) can be a lawyer or a notary; the inheritance under the will will be transferred to the heirs in accordance with the requirements of the drawn up document. The entire list of rights of the executor must be set out in the will.

The process of registering a deed of gift

To complete the deed of gift process, you must prepare the following list of documents:

• Passport information about the parties to the agreement. Civil registration document, marriage certificate.
• The agreement is in writing. Each party to the deed of gift must have its own copy. Additionally, you must attach another copy for justice. In the case of a deed of gift for land or a residential building, 2 more copies are required.
• A document confirming payment of a certain fee. This is a mandatory payment, which provides for payment for state registration of own ownership of real estate (entry).
• Cadastral passport from the Bureau of Technical Inventory.
• A document confirming the donor's right to property.

When the property is owned by both spouses, then at the time of registration of the deed of gift, the consent in writing of the second spouse is attached. If the inheritance is owned by minors or they live there, then you need to obtain permission for the gift from the guardianship and trusteeship authorities.

What is the difference between a deed of gift and a will in financial matters?

When transferring property, anyone wants to complete the procedure with less money. To do this, you need to know what taxes under the will and under the gift separately are required to be paid to the state treasury. You need to know: when donating property to a person who is not related to the donor, you must legally pay state tax. If there is a will, it is not entered.

Thus, the issue of paying state tax is completely irrelevant. Direct relatives (first order) are:

• Spouses.
• Children.
• Parents (including adopted children).
• Adopted children.
• Grandparents.
• Grandchildren.
• Brother and sister are siblings or children who have common parents (both or one).

For future owners who are not first-degree relatives or distant relatives, there are fewer costs associated with preparing a will.

Who benefits from a deed of gift?

There is no lawyer who can give a definite answer to the question: a will or a deed of gift - which is better? A decision must be made in accordance with the current situation. A gift agreement is more beneficial for the heir. It is almost impossible to challenge it, and the property goes to the person to whom it was given. He has the right to dispose of property immediately upon completion of state registration of papers. If we are talking about a will, then the right is acquired only six months after the death of the testator.

Who benefits from a will?

If the matter concerns the testator, then it is more advantageous for him to draw up a will (for an apartment and other real estate). It can be canceled or changed. From the legal side, only the last will is legal. The inherited property remains at the disposal of the testator until the end of his days. The heir will take possession of the property only after the death of the testator.

Is it more difficult to dispute a deed of gift or a will?

In order to challenge any of these documents, irrefutable evidence must be presented in court:

• The testator or donor was insane at the time of signing the contract due to mental or physical illness or under the influence of drugs or other medications or alcohol.

• The agreement was signed by the testator or donor in conditions where there was a threat to their life.

A will or deed of gift is contested exclusively through the court, but this is an extremely complicated procedure. To do this, it is necessary to undergo a medical examination, collect testimony and, accordingly, use the services of a lawyer. However, this does not at all guarantee a successful outcome in court.