How to make out a testament correctly: to the house, to the apartment

It is necessary to know how to make out a will in case of a complete absence of heirs, who by law can only be relatives or, in the reverse situation, in which heirs are sufficient, but there is a desire that all property by right be transferred to a certain person or several persons.

When is a will made?

When the execution and signing of the will takes place, a final decision is made as to who specifically retains a certain part of the inheritance or if the property is completely written off. If you refuse to register a will, then after the death of the testator, all property is distributed among the heirs in equal shares. In order to transfer your property to the heirs, you need to know how to make a will for the house.

Standard Testament

In order to avoid unforeseen situations, you need to know how to get a will from a notary. Usually they turn to the office, which is located near the place of residence of the testator. According to the law, you can draw up this document in any place where you can make a will for an apartment , that is, any legal notary will do. It is necessarily the personal presence of the volitional teacher, since the will is written with his own hand. Also, you need to check the correctness of the date and place of writing, as well as sign this paper. The above actions must be performed before you can make out a will.

Before proceeding with the registration of the will, it is necessary to take your own passport, and also on a separate sheet to write out general information about the heirs, on which all property will be registered. It is enough to indicate full names and dates of birth. Also, a list of property that is in the ownership of the testator and can be transferred by will is necessarily written out.

If the testator experiences difficulties in drafting a document expressing the last will, or when it is executed after his death, you can call for a procedure for his registration of a witness, but this person must be verified so that he does not subsequently indicate false information. The will must be written thoughtfully, without errors, because haste will not allow you to make a quality document that you can not fault, that is, you need to know how to properly execute a will.

Closed will

There is a way to independently write the will and not tell anyone what is indicated there. Not even a notary may not know about information. It is obligatory to write this document by hand. In this case, you must put your own signature. The will must be closed in an envelope, and then transferred to a notary. This procedure is necessarily carried out with two witnesses. When the time comes for the transfer of the document to a notary, witnesses are required to put their own signatures on the envelope, since it is only possible to make out a will of this type in this way.

Correct actions

In the office of a notary must be a minimum of 2 witnesses. When the envelope is handed to the notary, they put their own signatures on the envelope. After that, the document must be sealed and placed in another envelope, on which the notary personally signs. He must enter all necessary information about the testator from whom he himself accepts the sealed will. With this sequence of actions you need to familiarize everyone who wants to learn how to make a will for an apartment without revealing their intentions.

The testator enters into the special form the place and date of drafting the will, as well as information about the persons who witness the compilation of this document. It is mandatory to record their full initials, as well as permanent registration addresses. Only in this case the procedure will be carried out correctly. If you want to know how to make out a will according to all the rules, you need to remember this moment.

When acceptance of an envelope by a notary from the hands of the owner takes place, he must clarify and explain the need for a handwritten signing of the document, as well as to recall the rules that govern the mandatory share in the inheritance, it is marked on the second envelope during the final packing of the document. It is necessary to decide in advance where to place a will for an apartment in order to prepare thoroughly for this. When the procedure is over, the notary will issue to the testator a special document that confirms the acceptance by the expert of the hidden will.

How is the announcement of the expression of will

The document is opened by a notary after the official certificate of death has been received. A maximum of half a month, but usually in a more short time, the notary explains the essence of the will. At the same time there should be witnesses in the number of at least 2 people, as well as all interested persons who want to be present at this action. The fact confirming the opening of the envelope must be recorded in a special protocol. All heirs receive copies of it, notarized. In this way, you can even make a will for a child. The notary is responsible for storing the original of this document.

Important feature

The notary is obliged to notify all present at drawing up of the secret testament about necessity to keep a secret of its presence. This applies to all persons who were present during this procedure. If someone announces the existence of a document, indicates the date of its compilation, the testator will be able to demand moral compensation from this person in financial equivalent.

The signature on the will

The testator himself is obliged to sign this document, however there are exceptions to this rule. Sometimes a testator because of illness or other physical reasons is not able to sign the will. In this case, another citizen can also write and sign the will, but the presence of a notary is required invariably. If this deviation from the rules is made, in the will, namely, in the text itself, the reason why the testator could not independently carry out these actions is indicated. This procedure is possible in any place: hospital, home. In short, where the testament was decided by the testator.

All the data about the citizen who took upon himself the responsibility to write and sign the will is entered. When the notarization of such a declaration of will takes place, it is advisable to have a witness who has the opportunity to familiarize himself with the text of the document, to make sure the testator agrees with him, and then to put his own signature.

There are also exceptions to the rules, when the testator at a specific moment does not have the opportunity to use the services of a notary. If emergencies arise, then the document has the possibility of local governments, as well as persons working in the Consular offices of the Russian Federation, who have the right, according to the law, to carry out notarial acts.

Persons who are able to perform the functions of a notary

If the current location of the testator is in the hospital, then the head physician or the head of the specific department in which the patient is being officially treated has the opportunity to certify the will. Also, the signature of duty doctors is important if emergency situations occur, ship captains, if the ship is in the voyage at the time of writing the will, the expedition chiefs, as well as persons occupying managerial positions at Antarctic stations belonging to Russia, seasonal bases on which they are engaged in field work . This is also the place where you can make a will.

Who else can replace the notary if necessary?

The commanders of military units and the heads of places of deprivation of liberty have the opportunity to replace the signature of a notary. If there is a need to certify the document without the participation of a notary, it is necessary to have one more witness, who must necessarily sign, otherwise the will will not have legal force.

Sometimes a citizen can be in such a situation, when there are circumstances threatening his life and health. In this case, he can express his last will on a simple piece of paper. For such a will to be legally recognized, it must be written and signed by the testator himself and certified by two witnesses. If you do not follow the basic rules of writing and verifying the document, it may be invalidated.

Who can not act as a witness and sign a document?

1. A notary or other person who must certify a will.
2. A person who receives all or part of an inheritance, or one in respect of which a testamentary waiver was made . Also in this role can not act close relatives of these people, such as children, parents or legal spouses.
3. People whose capacity is limited.
4. Persons who do not know the letter, or foreign citizens who are not well acquainted with the rules of the Russian language.

Change or cancellation of will

You can cancel the will at any time, without mentioning the reasons that led to the adoption of this decision. It is necessary to take such actions:

1. Write one more testament, which by the date will be concluded later than the previous one, and also have at least a slightly modified content.
2. Draw up and submit an application to the notary office.

When composing each new will, the previous one is canceled. The document that was registered at the very last turn can be recognized as valid. It is not worth paying for services twice, first by forming an application for the cancellation of the will, and then writing a new one. You can simply register a new will, then at the same time the previous one will be automatically canceled. Then you have to pay only for registering a new will.

The drafting of a will can be made in an arbitrary form, so there is practically no problem with this aspect. To avoid unpleasant situations, you need to follow all the rules that apply to work with the will.