When one of the elderly relatives or you yourself want to leave an inheritance to your children or relatives, the question arises, what is the best way to proceed - to issue a gift or a will? Each of these options has its own disadvantages and advantages.
Instructions
Step 1
Pay attention to the conditions and subtleties of each variant of registration of the inherited property. For example, according to the will, it will become the property of the heir only after the death of the relative-testator, who has the right to rewrite or cancel his decision at any time. Indeed, according to the law, he does not lose ownership of the bequeathed apartment, house or other property. Unlike a will, a deed of gift is drawn up only once and does not have retroactive effect. Under the donation agreement, the transfer of ownership of the property occurs immediately after the registration of this transaction.
Step 2
Consider the fact that it is very difficult to cancel a donation agreement without a sufficiently compelling reason. This can only be done if the inadequacy or incapacity of the donor is proven in court. When registering an inheritance by will, some heirs who have forgotten to mention in this document, but who have the right to their share, may challenge it. This category of heirs includes disabled dependents.
Step 3
Keep in mind that a fee is charged for issuing a certificate of the right to inheritance by will, the amount of which depends on the degree of relationship. Namely: the testator's spouse, children, grandchildren, brothers and sisters will need to pay 0.3% of the value of the inherited property, but this amount should be no more than 100 thousand rubles; other heirs are required to pay 0.6%, but this amount should not exceed 1 million rubles. Inheritance tax has been abolished in Russia since 2006. Gift tax also depends on the degree of relationship. Close relatives (spouses, children, parents, grandfathers, grandmothers, grandchildren, siblings) are completely exempted from it. Distant relatives or friends are required to pay 13% of the value of the donated property - income tax.
Step 4
Be aware that the testator determines the circle of heirs and the share of each of them independently; they may include completely strangers. If, for some reason, during the life of the testator, the will or the donation contract was not drawn up, then the inheritance is valid according to the law. As a rule, this means that the property will pass to the heirs of the first three stages. Each of them enters into inheritance in the event that there are no heirs of the previous order, or they renounced their share of the property of a deceased relative. The heirs of the first stage are considered: the testator's spouse, his parents, children, grandchildren and their descendants by the right of representation. The second stage - grandmothers and grandfathers (nephews and nieces inherit by right of representation), full and half sisters and brothers. If there are no heirs of the first two stages, then the property of the deceased relative is divided between the heirs of the third stage. These include the testator's aunts and uncles, and, by right of representation, cousins and brothers.
