With the advent of ownership of real estate, sooner or later the question arises of its re-registration - transfer by will or as a gift. This question is quite natural, since a person is not eternal and, if he is responsible for his property, he is simply obliged to think about transferring it during his lifetime. In this case, he has the right to dispose of it as he sees fit.
The legal essence of the will and the donation agreement
Both the one and the other document can only be drawn up personally by the owner of the property being reissued. This is where the similarities end. A will is a unilateral transaction in which the owner transfers his real estate to another person or other persons, regardless of the degree of relationship, but this agreement will enter into force only after the death of the testator. The testator has the right to distribute the property and its shares at his own discretion, while he is not at all obliged to justify his decision.
The downside of the will is an indefinite period, and also the fact that after the death of the testator, it can be challenged by other people who, for one reason or another, believe that they have the right to their share in the inheritance. Very often such claims are satisfied by the courts if sufficient grounds are provided. In addition, minor children and elderly parents are by default entitled to their share of the inherited property, even if they were not included in the will.
When concluding a donation agreement, the donor transfers the rights to specific property to the donee free of charge. The donee enters into the right to the donated property immediately after the transaction is registered with the Rosreestr authorities.
The object of donation can only be that real estate that has a registration number in the state cadastre of real estate objects. The title deed is a certificate of ownership.
Registration is carried out on the basis of a donation agreement signed by both parties and a certificate of ownership issued in the name of the donor. After registration, the donee receives a state certificate of ownership and becomes the sole owner of the donated object.
The legitimacy of the donation agreement, this bilateral transaction, is deemed null and void if a specific real estate object is not indicated in it.
Benefits of a donation contract
The donation agreement enters into force immediately, even during the life of the donor, while it is not necessary to notarize it, which means that you do not have to pay notary fees and charges. During his lifetime, the testator has the right to revoke the will or change it at any time.
It is almost impossible to take back real estate reissued under the gift. To do this, you need to prove that she is being treated inappropriately, or that the donee has attempted on the life of the donor. For this reason, it is almost impossible for the heirs of the donor to challenge the donation agreement in court.
