Probate inheritance is governed by Chapter 62 of the Civil Code of the Russian Federation. The main advantage of making a will is the freedom of will, which means that a person has the right to bequeath his property to any other person - with the only limitation regarding the compulsory share in the inheritance. In case of inheritance by law, the property is distributed in accordance with the procedure established in the Civil Code.
Instructions
Step 1
According to civil law, the testator has the right to bequeath his property to any person, determining the shares of the heirs in the inheritance at his will. The testator also has the right to deprive any of the heirs by law, without indicating the reasons for such deprivation. In general, the testator has the right to dispose of how he will distribute the property after his death, at his discretion, at any time to change or revoke the will.
Step 2
There is only one limitation on the freedom of will - the rule on the mandatory share in the inheritance. If the family of the testator has minor or disabled children, disabled spouse, parents and dependents, then they inherit at least half of the share that would have been due to each of them in case of inheritance by law, regardless of the content of the will.
Step 3
The will must be drawn up in writing and certified by a notary. If these requirements are not met, then the will is considered invalid (with the exception of cases of extraordinary circumstances specified in the law). The place and date of its attestation must be indicated in the will.
Step 4
In some cases, witnesses may be present when drafting, signing and attesting a will, as well as when it is handed over to a notary (for example, when the testator is unable to move himself). These witnesses should not include:
- persons in favor of whom the will was drawn up, their spouses, children and parents;
- other notaries;
- incapacitated and illiterate persons;
- persons with such physical disabilities that clearly do not allow them to realize the essence of what is happening;
- persons who do not fully speak the language in which the will is drawn up.
Step 5
In the Civil Code, there is a provision on the secrecy of a will. It means that before the opening of the inheritance, no one has the right to disclose information regarding the content of the will, its execution, amendment or revocation. This applies primarily to the notary, witnesses, executor of the will and other persons who may have been present when it was signed, drawn up, certified or handed over to the notary. The testator also has the right to draw up a will, without giving other persons, including a notary, the opportunity to familiarize themselves with its content - that is, a closed will. It must be handed over to the notary in the presence of two witnesses in a sealed envelope.
