In accordance with Article 1126 of the Civil Code of the Russian Federation, such a document as a will is subject to notarization. This procedure for registration guarantees the legality of the transaction and subsequently avoids many property disputes related to the inheritance of real estate.
How to make a will
Any citizen who has the right to own a house is free to dispose of his real estate, as he sees fit, during his lifetime. To do this, it is only necessary to correctly draw up and execute a will, so that it subsequently does not become the cause of a dispute among all heirs by law. That is why it is necessary to contact a notary in advance and discuss the details of the upcoming procedure with him in advance. Participation in the execution of the will of a notary will eliminate the need for legal verification of the text of this document, this is a guarantee of the correctness of its preparation.
A notary can attest a will only in the presence of the testator himself. It is impossible to transfer this right to another person acting under a power of attorney, even a general one. In addition, only one natural person can act on behalf of the testator. In the event that the testator has a spouse, minor or disabled family members, elderly parents or other dependents, they will in any case have a share in the property that he wants to transfer by will. In accordance with legal regulations, this share for each of them will be at least 50% of that which is due to them as legal heirs.
What documents are required for the certification of a will by a notary
In addition to the text of the will itself, in which you must describe which of your heirs will get which part of your house or all of it, the notary will need to submit documents:
- the original of your passport;
- a list of all heirs mentioned in the will, indicating their full names, patronymics and surnames, places of birth and addresses where they are permanently registered;
- title deeds for the house that you want to bequeath.
This document is currently the State Certificate of Ownership. It should be checked that all address, technical and cadastral data on the house specified in the will coincide with those that appear in the title document.
To avoid the possibility of challenging your will by the heirs under the law, it is better to attach a medical certificate to the documents confirming that you acted in your right mind and were not under the influence of psychotropic drugs, drugs and alcohol. Those testators who are over 70 years old should do this without fail. Please note that if the notary has doubts that the decision on the will was made by you under pressure from interested parties, he has the right to refuse to certify this document.
