Gifted. Will. Advantages and disadvantages!

If, there is a situation when it is necessary to perform the re-registration of the property right in favor of certain relatives, then for this there are two methods of registration: donated and testament .

Before making a choice in favor of this or that variant, it is necessary to evaluate their pros and cons.

Dedicated is a method to transfer your property for free.

The difference from the of the will of is that the deduction for a gift goes to a specific person that is specified in the document.

But in the will, in order to fully formalize the land, for example, for one person, the closest testators still have the right to claim their part.

Gift or gift agreement.

So, the gift can only be made up of the person who manifested the desire to issue this document, or with the help of a trustee who has a power of attorney pre-certified by a notary.

Special documents for real estate will be required.

A gift agreement is an agreement that is executed in writing, where the owner of a particular property transfers it for free to another person for free.

This contract can be issued from a notary at the place of registration of this property.

A gift contract can be certified at will, but state registration must be mandatory.

Dedicated immediately deprives the donor of the right to dispose of the donated property.

Drawing up a gift certificate excludes any claims of legitimate heirs, for whichever portion of the property.

Only the court can put a point in this situation.

But often, such processes doomed to failure, to the same extend for a long time.

If some legitimate heirs have lost a part of the property because of the will, they can justifiably defend their rights in court.

It should be noted that with registration of donated , you must pay a certain tax.

In the case when a gift contract is made for relatives, such as: children, brothers, sisters, parents, spouses, the tax on such a document is not withdrawn.

If the gift is made for unauthorized persons, the tax amount will be approximately 13%.

For example, a person decides to sell their part of the apartment, but the relatives are against selling, and then they decide to draw up the Gift Agreement .

In this case, and should remember about the above tax, because the amount in the end will get pretty decent.

In these and other cases, consultations of specialists, both real estate agencies and the most notaries, will be required.

Download free Gift contract model:

Inheritance by will.

In case of registration of a will, you need to present a document proving your identity, and for pensioners you must also have a medical certificate that confirms his sound mental state.

As for the will, it must be certified by a notary.

Testament also allows the testator to rent a house, sell an apartment and so on, that is, to deal with it according to his own considerations.

Where to invest money?

The will of , after it was compiled, can be modified, amended or annulled by the testator.

As for the donative, there is nothing to cancel, as it is only drawn once.

Free Download Samples of wills:

Gift card. Will. What are the differences?

1. Personal stay.

   If the is , then the personal stay is mandatory, but to issue a gift is also possible without the donor, but in the presence of his trusted person.

2. Description of the contract.

   Testament is considered valid, even if the heirs did not know anything about it and did not guess.

   Once the will has been opened, they can either accept it or refuse it.

   When the donation contract is concluded, the gifted person must be present.

   The donor is obliged to warn and tell about all the shortcomings of the donated property.

3. Registration of documents.

   When making a will - the testator is obliged to approach a notary.

   But when writing a donative - you can not go to a notary.

4. Required documents. The announcer must have:
   • passport;
   • INN;
   • certificate from the doctor on the legal capacity.

   For , clearance of granted :

   • passport;
   • INN;
   • various documents for real estate( technical passport, certificate from Housing department form number 3, extract from the register of property rights, title deed).

5. Who can dispose of property?

   
   After has been issued was issued, all the same the testator remains the full owner of this property.

   When making a donation - the donor completely loses all rights to the transferred property and no longer has the right to dispose of it.

6. Is it possible to change the solution?

   Only the testator can change his mind.

   He easily can make any adjustments to his discretion in the will, and maybe even him and cancel!

   But the donor can not change his mind any more.

7. What are the heirs' rights?

   When the gift is compiled, any heirs of the donor do not have the right to claim the donated property.

   And here through the court to challenge will on the property, other heirs can easily do, since they have the full right to do so.

   For more information about the characteristics of the Gifted and Testament

   , the notary in this video tells! We look!

8. And the most important difference of the gift from the will.

   The gifted property comes into force when the donor is alive( from the agreed moment), but the will is only after the death of the testator.