Gift and testament are significantly different in nature, but they have their own advantages and disadvantages. For the donor or the testator, a will is a more advantageous option, for the heir or the donee - a donation.
The donation agreement is regulated by Chapter 32 of the Civil Code of the Russian Federation, the rules on inheritance by will can be found in Chapter 62. The question of choosing a specific method of transferring property usually arises for older people who do not know which option is safer, more profitable, and cheaper. The result in all cases will be the transfer of the property to the person indicated in the document, however, the period, the procedure for such a transfer, the rights of the testator or donor himself, related costs and some other points differ significantly.
Advantages and Disadvantages of a Gift
As a result of the conclusion of the donation agreement, the property almost immediately passes from the donor to the donee. That is why this transaction is considered a more profitable option for the recipients of the property. They become its full-fledged administrators, bear the corresponding rights and obligations. If the donor is interested in using this property safely on his own throughout his life, then the donation option does not guarantee him such a right in any way. In addition, Articles 577-578 of the Civil Code of the Russian Federation provide for a strictly limited list of cases in which you can refuse a gift or cancel it, which also indicates the benefit of the recipient of the gift. The tax burden on donations to close relatives has been significantly reduced, so there is no need to talk about serious additional costs.
Advantages and disadvantages of a will
Drawing up a will is more beneficial for the testator, since in this case the property passes to the heir only after the death of the original owner. Until this moment, the heir has virtually no rights in relation to such property. In addition, at any time the testator can draw up a new will, which cancels the old one in the part in which it contradicts in accordance with Article 1130 of the Civil Code of the Russian Federation. That is why any negative manifestations in the behavior of the heir can be controlled by the testator, who until the moment of death is the full owner of such property.
For the heir, the will is characterized by continuous shortcomings, since it makes you wait for the receipt of the property, being in a state of uncertainty. Also, wills are often challenged in court, they can be invalidated, which is much more difficult to do with a correctly drawn up dedication with a living donor.
