Who Should Not Bequeath An Apartment

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Who Should Not Bequeath An Apartment
Who Should Not Bequeath An Apartment

Video: Who Should Not Bequeath An Apartment

Video: Who Should Not Bequeath An Apartment
Video: Why I Don't Recommend Buying an Apartment 2024, November
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By signing a will, you clearly and unambiguously express your will with regard to any movable and immovable property that is in your possession at the time of death. There are only a few restrictions that the state imposes on the drawing up of wills.

Who should not bequeath an apartment
Who should not bequeath an apartment

Necessary

Notary services when drawing up a will, drawing up a complete or partial list of the transferred property and a list of heirs

Instructions

Step 1

When drawing up a will, you can transfer the inheritance in one part or in several, divide shares of living space or other property between the heirs, choose a relative or an outsider as your heir - any such orders are legal and subject to execution. One of the important restrictions that arise when appointing an heir is that he cannot be a minor, since until he reaches the age of eighteen he cannot be legally legally capable. But there is a nuance - in this case, you can appoint an estate manager or guardian who will dispose of this property until the child reaches the age of majority. Most often, such guardians are the parents or close relatives of the child, but in the event of their serious illness, deprivation of parental rights, imprisonment or other similar circumstances, the appointment of a guardian is carried out by the relevant state authorities.

Step 2

Another limitation imposed on a will - when appointing an heir to an apartment, you cannot bypass the rule of compulsory share and deprive children, seriously ill and disabled relatives or other dependents registered in it or in your care. They must legally receive their share of the inheritance, as they lose their livelihood. The list of heirs included in this category is spelled out in detail in the law and is interpreted unambiguously - no one, except people from the categories described in the list, can claim to be legally inherited. There are restrictions that reduce the share of the obligatory heir, but they can be checked and established only in court: for example, if the inheritance is made up of tools that are constantly used by the heir under the will for work, but the obligatory heir does not use at all. At the same time, the court checks whether the violation of the rights of the heir under the will entails the allocation of a share to the compulsory heir, establishes the financial position of the heir under the will and the compulsory heir and makes a decision based on all the facts collected.

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