For many citizens, the apartment, which was registered as property in the course of free privatization, remains the only truly valuable property that can be disposed of by will. The drafting of this document is necessary if the testator wants to separate one of the heirs and change the shares due to them by law.
When to write a will
Issues regulating the order of inheritance, including apartments, are covered in detail in Chapter 61 of the Civil Code of the Russian Federation. According to him, this order is determined by the degree of kinship and the heirs of one queue have the same rights to all objects of inheritance. In the event that there are no heirs or when you want to independently determine the order of inheritance, it makes sense to draw up a will and in it determine those to whom you would like to inherit your property - an apartment.
Of course, there is also such a form of transfer of property rights as donation. But in this case, the right to the apartment will pass to the donated person at the time of signing and registering the donation agreement. The will provides for the transfer of rights only after the death of the testator, i.e. you can be sure that during your lifetime you will remain the full owner of this living space.
How to make a will
How a will for an apartment is drawn up is stipulated in article 1124 of the Civil Code of the Russian Federation. The fact is that its text must be drawn up by a notary, and the testator must only sign it. In the event that there is no notary in your locality, a representative of the local authority must sign your will. The text of the will must contain your last name, first name and patronymic, as well as passport data and, in addition, the notary will need documents of title to the apartment and information about those people to whom you want to bequeath your living space: their last names, first names and patronymics, dates of birth …
There are some other conditions related to the age of the testator. So, if your age has not yet exceeded retirement age, a notary will only need a passport and a certificate of ownership of the apartment to draw up a will. In the event that you are already a pensioner, but have not yet reached the age of 70, an additional document confirming your legal capacity will be a certificate from a neuropsychiatric dispensary about the absence of mental disorders. For seniors over the age of 70, documented health information will be required. In cases where you yourself cannot come to the notary office or are in the hospital, the notary can come to your house or ward. The state fee for making a will is set at 100 rubles, but the fees for notarial support are set by a notary and can be up to several thousand rubles.
