How to make a testament correctly, so that it is not disputed: a sample

The division of property left by a citizen after death is something that brings a lot of problems. Even the most amicable families can quarrel because of the division. The testators in life do not want to leave any of the heirs dissatisfied. Therefore, the transfer of property often occurs through a will. This document, when correctly written, helps to resolve numerous disputes among the heirs. But it is important to know how to make a will. After all, under certain circumstances this document can be considered invalid. You should follow certain rules and features that will help to avoid this kind of situations. But what can you advise the testator? How correctly to make a will in life, so that after death it would act unquestionably? This is not as easy as it seems. I'll have to prepare in advance.

Form of writing

The first moment that is taken into account is the form of writing. The point is that among the rules for the execution of a will there is one important point. He points out that this document must be submitted in writing. And it should be written by hand personally by the testator.

This means that you must compile and write your will independently without a variety of techniques. If you use a computer or a typewriter, the document will easily be challenged. Therefore, if you are thinking how to make a will, remember: you should write only by hand. Only such a document has legal force.

To the notary

But this is only the beginning. In fact, to make a will so that no one and under any circumstances could not challenge it, is very problematic. Especially if you have not started preparing for the process in advance.

The next important point is the appeal to the notary. After the testator personally writes the document, he must be assured in the notary's office. Otherwise, he will not have any legal action. Only in rare cases is a notary not needed. Nevertheless, it is recommended to be reinsured.

As a rule, in your presence, the will will be sealed in an envelope. It affixes the date of confirmation of the authenticity of the paper, the location of the notary office. In addition, the envelope is signed by a notary and its seal is stamped. And only after the death of the testator, in the presence of the heirs, the document is printed.

Witnesses

Thinking about how to make a will in such a way that no one could challenge it? Then invite witnesses who will be able to confirm that you yourself, without any pressure, have made a document.

Call only disinterested persons. It is desirable that witnesses be present at the time of writing the will, and also at the notary. In this case, the testamentary document is sealed by the testator in the envelope (this is done, even if the owner of the property acts alone), then he signs. It is necessary to set the date for the compilation of the paper, then invited as witnesses put their signatures.

It is not recommended to call relatives or potential heirs to participate in the process. Under such circumstances, even the most competent and legally justified will can be challenged. Take into account this fact when drafting the document. If there is nobody to call, you can invite even neighbors. The main thing is that the witnesses are disinterested persons.

By the way, when composing a document, you should specify all the invitees. It is desirable with contacts for communication. Usually this information is written either on the envelope or at the very end of the will (an extremely rare case). But this, too, is not the end of preparation.

Literacy

How correctly to make a will? So that no one can challenge your decision in court, try to observe literacy. You must follow the rules of the Russian language, spelling and punctuation. Pay special attention to the initials of the heirs, as well as information related to the property transferred to them in various amounts.

Why do I need to be literate? The thing is that with the slightest mistake, even a typo, you can recognize the document as invalid. Yes, the court is able to conduct an independent investigation and determine exactly who and what is supposed to. But this does not cancel the possibility of challenging the testamentary document by the heirs, if it was made up with errors and misprints.

Also, try to write legibly. Again, if it is interesting, how to make a testament to the inheritance in such a way that no one can recognize it as invalid, your handwriting must be mandatory and accurate. The notary or judicial authorities should be able to easily read who and what is supposed to be.

Knowledge of laws

How to make a will for an apartment or any other property? Remember that this document is considered a bargain. Like any other paper, which makes any sense, the will must not violate the laws established in Russia. That is, it is important to observe legal literacy when writing.

Particular attention should be paid to cases when it comes to an apartment or a house. There are heirs who, without fail, will legally receive their inheritance in this real estate. To make someone 100% owner of an apartment or a house is possible only when the heirs themselves write a refusal of the mandatory shares. But, most likely, citizens will still try to challenge the will.

Who has the right to an obligatory share in a dwelling? Here you can select the following persons:

• Underage children;
• Adult disabled children;
• Incapacitated parents or adoptive parents;
• Disabled couples;
• Any dependents of the testator.

Half of the property these citizens receive without fail. Yes, in some cases it is possible to make someone specific to the sole owner of a dwelling. But it is problematic to implement the idea with the will. There is one cunning for this. About it a little later. The first step is to learn how to make a will for property so that no one can complain about its illegality.

Audio Video

The next advice that can be given to the testator is the video and audio recording of the process of writing a will. Try to write down everything that is possible: how you write, how the notary acts. Yes, all photos, videos and entries can be disputed. To avoid this, try to conduct an independent examination, which will indicate the authenticity of the evidence.

Do not use programs to improve the picture or sound quality. Under similar circumstances, your will can be challenged. After all, if you carry out an examination, it will necessarily show the fact of using different kinds of editors. This is a good reason for recognizing the document as invalid.

Health

How correctly to make a will? Often the heirs try to recognize the document as not having legal force. They refer to the fact that the testator was in an inadequate state when he wrote the will. This is the most common situation.

Accordingly, the testament will have to attach documents to prove your adequacy. You need to take references from an expert in narcology, as well as a psychotherapist. They indicate that at the time of writing and confirmation of the will, you were completely healthy. You can generally undergo a comprehensive examination that will confirm your absolute adequacy.

In general, by any means, recognize your legal capacity. If during the medical examination it turns out that you have some kind of mental illness that can prevent a sober assessment of the situation, the will can easily be challenged. Further a little about direct registration of the document.

Documents for compilation

How correctly to make a will? The sample will be presented later. First you need to know what documents you need to present to a notary when writing a paper about the transfer of property to heirs after your death. After all, you can not just come with a will and seal it. Maybe you do not have rights to this or that property!

Usually the testator does not need anything special. The list of documents for writing a will is extremely small. But, the more property you have, the broader the list. Bring to the notary:

• Testamentary document;
• Your passport (civil);
• Papers confirming your rights to property;
• Data of heirs (copies of their passports).

Please note: a will can include absolutely strangers. It is advisable to agree on this with the other recipients of the property. This will help to avoid conflicts after your death. In addition, present to the notary (if any):

• Photo, video, audio recordings on a separate medium, confirming the drafting of a will;
• Medical opinion on the state of health at the time of writing;
• Written refusals by future heirs of shares;
• The results of an independent examination of the authenticity of video and audio materials;
• Contacts of witnesses involved in the process.

Who can obtain a legacy by will?

Some try to invalidate the will, referring to the fact that some categories of citizens do not have any rights to be mentioned in this document. Is it really? Not at all.

The point is that the will is a voluntary will, which the testator fixes. He can change his mind at any time. Anyone can be permitted to make a will. It does not matter whether it's a relative or an absolutely strange person. Even legal entities and organizations can be mentioned in the will. But there is a rule: only one person has the right to make this important document. Several people can not write one testament. If the spouses want to transfer all their property by inheritance, everyone must make a separate document. But you can point to anyone in it. The presence of third parties in the will is not grounds for challenging the legality of the document.

Requirements for the testator

How to make a will so that it will not be contested? Remember some requirements to the citizen who writes this document. Children can not make wills. Therefore, you should think about writing it only at a certain moment.

The point is that the will is made only by an adult. It is possible and in 16 to do this process. But this is possible only when a person is emancipated - full legal capacity until he reaches the age of 18 years.

Accordingly, the citizen must be adequate and mentally healthy. No dependencies or manias, as well as diseases that can affect the adequacy of the testator. Do not forget about the legal capacity - this is a compulsory requirement for the originator.

The last point is the availability of any identity card from a citizen. It can be:

• The civil passport of the Russian Federation;
• Passport of an alien who has a registration in Russia;
• Certificates confirming refugee status;
• residence.

If at the time of writing the will you do not have any of the above list, you will have to wait a little while preparing the document. Without an identity card, no one will notarize your paper.

Sample

How to make a will? A sample of the correct spelling will be presented later. In general, there is no single template. The main thing is that you just correctly write the text manually in compliance with legal norms. At the very beginning, put the city of your residence, as well as the date of the document. Next is the main text. For example:

"I, (name and passport details), by this testament I make the following order:

Its property, expressed (the name of the property with information about it), in the amount (specify the share) will (data of the heir with passport data) ".

Next, you must list in this way all that is available for you. Much depends on the circumstances. If the heirs refused their shares, please report in the end about this:

"Evidence of refusal by the heirs: (transfer the refused) in writing is attached to this testament."

If you have additional materials confirming your adequacy, also list them:

"I confirm my mental health and capacity, (your initials) with the following materials - (list the attached evidence in detail)."

At the end, give the date and signature. This is a kind of template that will help you to make a testament correctly. But there is another form of transfer of property. It helps to eliminate disputes between heirs.

Without a will

It is about gift certificates. In order not to think how to make a will, just give your property to the heirs. This document can also be challenged, but enough medical opinion about your health to make it was problematic.

Gifted - perfect replacement for wills. They help to eliminate disputes and discontent between relatives. If you want to make someone the sole owner of an apartment, it is best to take advantage of this form of property transfer. This is the most common solution. Now it is clear how to properly make a will for an apartment or property.