Contents
😉 Greetings to the venerable audience on the site “Ladies-Gentlemen”! How to draw up a will correctly? In the article: execution of a document, its signature, on inheritance by law and a long-term power of attorney.
How to make a will: all the nuances
This is a personal order of a citizen about his property in case of death with the appointment of heirs, drawn up in the form established by law. Whoever you are, no matter how much or little you have, you should announce your last will.
Otherwise, your property will be disposed of according to the rules for handling property left without a will. The house may not be taken over by the widow / widower. If you are in a civil marriage, your partner will be left with nothing.
In the absence of direct heirs, everything acquired will be transferred to the next of kin, even if you have not communicated at all for decades. And if there are no relatives, the state will receive the property.
Help with auto registration
A will must be drawn up by every capable citizen who has reached the age of 18. And then regularly review it after significant events in life: marriage, childbirth.
If a person is serving a sentence, then the head of the colony can certify the will. In a hospital, this can be done by the chief physician, in an expedition – by the head of the expedition. But as soon as possible, this document must be submitted to a notary.
Signature
Read your will carefully before you sign. This is a complex document that cannot be corrected or explained what exactly the testator had in mind. Therefore, the help of a specialist is needed here.
After the notary has drawn up your “last will”, read carefully before signing. By law, this document must be personally signed by the testator. People who cannot sign a document due to a physical disability, the document is signed by another person at their request in the presence of a notary.
Inheritance debts
Only material goods, including animals, property rights and obligations (this includes debts) can be bequeathed. The heir will pay off the debts of the testator only within the value of the property transferred to him. Or he will be able to pay on a voluntary basis the rest of the amount from his own funds.
Inherited mortgage
A Russian citizen has the right to bequeath any property, including that which may acquire in the future – property that is pledged. Moreover, if the death of the borrower is an insured event, the insurance company will pay the premiums.
However, if there is no insurance policy, all obligations under the mortgage agreement pass to the heir.
Legacy Inheritance
It is found in our country much more often than inheritance by will. Inheritance by law takes place if the person did not leave his last will or did not stipulate any situation in the will.
Many are satisfied with the procedure for the distribution of property after death, established by the rules of law. By law, heirs are divided into several queues:
- Children, spouse, parents of the testator.
- Full or half brothers and sisters, grandparents of the testator on both sides.
- Uncles and aunts of the testator, nephews.
There are also subsequent lines of heirs. Inheritance is legalized by a notary.
Your loved ones should know where the will is
If none of the relatives knows where the will is kept, and if it cannot be found. That property will be considered as tangible assets left without a will. Therefore, make sure that the executor of your last will and those closest to you know where it is stored.
This document is made up in two copies: one – at the notary and entered into the unified register of wills, the second – at the testator. Give your family the name and address of your notary.
Most wills are made public
Your order becomes a public document after all the formalities are followed. Therefore, if some of the points of your last expression of will is information that you would not want to make public (after death), discuss it with a notary.
Long-term power of attorney
Many people in the last period of life are unable to make independent decisions. This situation can also arise due to an accident or serious illness and at a young age.
A long-term (long-term) power of attorney allows you to appoint a proxy. On your behalf, the trustee will make decisions, manage your funds when you are unable to do so.
Such a power of attorney offers guarantees against abuse, obliges the trustee to resolve financial issues and provide patient care (After you). This is a complex document and for its preparation you will need the help of a specialist in a notary office.
Video: how to correctly draw up a will (inheritance)
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