When an inheritance is opened, the right to the property of the deceased is received by the heirs by law or by will. If there is a legacy, then in addition to the persons mentioned in it, the compulsory share goes to the disabled heirs of the first priority. These provisions are enshrined in the inheritance law of the Civil Code of the Russian Federation. In order to deprive any of the heirs of the right to real estate in this or that case, certain actions should be taken in advance.
Instructions
Step 1
The testator has the right to dispose of his property during his lifetime and to write off the apartment belonging to him to any person. In this case, inheritance will take place according to the declared will. However, there are exceptions to this rule. If on the day of the death of the testator he had disabled parents, children or a spouse, they must receive a share in the inheritance. Moreover, this share will be half of the part that they would have inherited by law in the absence of a will.
Step 2
However, this provision has one peculiarity - the compulsory share is priority allocated from the rest of the property of the testator not mentioned in the will (if any). Thus, in order to deprive the unworthy in your opinion direct heirs of the right to an apartment, it is not enough just to draw up a will for another person. It is necessary to exclude the possibility of obtaining a mandatory share in the right to the specified property. To do this, you must have a part of the property (cash deposits, cars, securities, etc.) remain undelivered. In this case, the right of the compulsory share will not apply to the apartment.
Step 3
If it is difficult or impossible to implement such a division of property, consider the option of drawing up a life annuity agreement for an apartment with a person you have chosen as your heir. Such an agreement implies your lifelong maintenance by the annuity payer, and you also retain the right to live in the specified apartment. Having issued the rent and receiving monthly payments, you can be sure that your apartment will not go to unwanted heirs. Since the ownership of the property passes to the renter at the time of registration of the contract.
Step 4
Another way to deprive the heirs of the right to an apartment can be the option of selling or donating this property by you. Moreover, in order to avoid the recognition of the transaction as invalid by relatives after your death, the option of registering the purchase and sale is preferable. Since a donation agreement, as a gratuitous one, has more chances to be challenged in court.
