How to dispose of the property – a question very important and not suffering hasty decisions. But also to postpone the decision it is not always represented correct, especially if the owner of property of people that is called "advanced in years". The solution of transfer of rights to property sometimes helps to avoid family conflicts and will preserve time and nerves of family members. Often there are situations when the specific person needs to transfer the rights for property and to be sure that anybody will not apply for it any more.
In such responsible business it is important to make the correct decision and to take care both of itself, and of the relatives. Between relatives transfer of rights to property through the contract of donation or according to the will most often practices. It is only better to make a choice after you attentively examined all main nuances of registration of these documents, and also having imagined, what legal relations you enter with the successor or the person to whom give the property.
|Will||Contract of donation|
|It is possible to make in a simple written form independently or to address to the notary||It is possible to make independently or to address to the lawyer (the cost of such service on average from 2000 thousand rubles). If decide to save and will undertake drawing up, surely specify in the contract passport data of the donator and donee, and also all documents on property|
|That the will became valid, it is necessary to certify it at the notary, cost will depend on the price of technical and legal work which is established by the notary. Usually from 500 rub.||Presence of both parties is obligatory|
|Presence of successors is not required||It is obligatory to provide all documents on property, and also passports of the donator and the donee|
|Documents on property it is not required, only the passport of the testator is necessary||It is not obligatory to certify the contract at the notary|
|All other expenses connected with acceptance of inheritance are born by already successors||Registration in registration chamber is obligatory|
|The state duty is paid (1000 rub for registration of the property right and 1000 rub for registration of the contract)|
If you decided to present the property, have, please, in a look that it is impossible to state in the contract any obligations arising at the presented person in relation to the donator, differently such contract will not be recognized by the contract of donation. It is impossible and specify in the contract of donation that the property will take over the donator presented only after death.
The law provided cases when donation is forbidden:
- minor children cannot give property;
- incapacitated people;
- it is impossible to present property to workers of the social sphere and medical institutions;
- to experts of public services, considering their functions.
When it is required to present a share in the apartment, there is no need to have a notarized consent of other owners, the law grants to citizens full authority to dispose of the property. But to give the apartment which is in share property without consent of all shareholders it is inadmissible. Spouses need to have a consent of the second half to transfer of property rights. Happens that the donator for health reasons cannot sign , an exit from such situation has to be the power of attorney in which the subject of donation is accurately stated and the person to whom gift intends is specific.
Now we will talk in more detail about registration of the will. The first that needs to be considered, at registration of the will is an obligatory personal participation of the testator even if it is the person illiterate or paralyzed. The notary will arrive on the house, but the will of the testator has to be clear to the notary. If the testator is in an incapacitated state, has mental disorders, a sclerosis and so forth, and the will is formed under pressure of other person, such will can be recognized by court not valid.
Wills happen opened (made in the presence of the notary and witnesses) and closed (the text of the will remains it is unknown until death of the testator). In this case the will is transferred to the notary in the sealed envelope. The envelope has to be signed by the testator, witnesses and the notary.
As transition of the property right is carried out
|Will||Contract of donation|
|Until death of the testator the property will belong only to it||All rights for property will be lost by the donator at once after registration of the contract|
|The property will carry over successors or the successor after death of the testator||The donee enters possession of property right after registration of the contract|
|Among applicants for property there can be incapacitated family members (parents, children, the spouse) and even foreign people if they were dependent on the dead, were recognized disabled and lived with the dead over a year.||Nobody has the right to apply for the presented property: neither spouses, nor children, parents|
Sometimes at transfer of rights to real estate such mistakes when confuse the will to the donative take place. For example, the donator – people elderly and the contract of donation are not hurried to be registered. It is dangerous by that in case of death of the donator the contract unregistered properly is nullified.
Not to the liyena will be to the donator separate point to specify in the contract that he will receive the presented property back in case he endures the donee.
Let's remind also that it is necessary to accept inheritance within 6 months from the date of death of the testator.
Possibility of modification
|Will||Contract of donation|
|For the testator there is a right of modification of the will and even its full cancellation. And he is not obliged to report about it to successors||It is not possible to make changes to the registered contract|
|The last by date of writing the will is valid||The contract of donation can be nullified only in the cases provided by the law|
The contract of donation can be challenged if under donation other transaction, for example, the transaction of purchase and sale disappears. But this circumstance needs to be proved in court. It is possible to cancel the contract of donation and in those exceptional cases when the donee made attempt at life and health of the donator. It should be noted, as the successor loses a right of succession according to the will if it is found guilty of malicious murder or attempt at the testator's life.
Most often this question also has impact on decision-making.
So, if you make out the contract of donation, you will incur expenses:
- for drawing up the contract, I remind that it is not obligatory to make the contract at the lawyer, but it is desirable as literacy of the contract will allow to avoid troubles at registration;
- payment of the state duties – 2000 rub;
- tax – 13% (the donee pays) Of a tax are released all close relatives of the donator: spouse, children, grandsons, parents, grandmothers grandfathers.
And that waits for us at inheritance or by drawing up the will:
- the cost of technical work of the notary by drawing up the will;
- the cost of technical work of the notary at the introduction in inheritance (the cost of such works the notary defines). The successor pays these expenses;
- the state duty is paid. For all but close relatives – 0,6% of cost of the inherited property. Close relatives of the testator (the spouse, children, full-blooded brothers sisters, parents pay 0,3%);
- the tax at the introduction in inheritance is not paid for the will;
- in article 333, to item 38 of the Tax code of the Russian Federation it is accurately told that the persons living on one living space with the testator at the time of his death and inheriting this real estate are exempted from payment of the state duty;
- disabled people of 1 and 2 groups also have a privilege of 50% at commission of any notarial actions.
As you can see, dear readers of InfoAdvisor.net, the contract of donation is most of all favorable to the one who property is given. However, if it is about close relationship and it is not necessary to pay a tax. As a result registration takes less time. And big advantage is that anybody has no right to apply for the presented property any more. For the donator, certainly, takes place to be a certain risk. After all he loses the rights for property and is compelled to rely only on decency of the one who was given expensive gift.
And here if you worry about yourself more and cannot trust to transfer completely that to whom decided the rights for property, it is better to write the will. Then you will reserve all rights and material inputs for the testator will be minimum. But here successors should work, collect necessary documents and to pay the expenses connected with the introduction in inheritance.
Life situations are very individual and for everyone the solution will be found.