Which is better: a will or a gift? You can answer this question if you take into account a lot of nuances. Unfortunately, a citizen who does not know the subtleties of legislation, often confuses these close concepts. To avoid any more incidents, we decided to consider these two terms.
The last will
It should be noted that the law allows bequeathingproperty to any person, whether it be a relative, a friend or a neighbor. A will is an order of a citizen in which he determines the fate of his property in case of death. In this case, real estate or other things that a person plans to transfer by inheritance, of course, should belong to him on the property right.
The last will of the testator must benotarized. The only exception to this rule is that if the testator is in a situation that threatens his life, and because of this situation, he can not assure his order. In this case, your last will can be made in a written simple form.
To understand what is best, a will orit is necessary to understand the powers of a citizen who is going to issue this document. As you know, the owner of the property is entitled to determine the shares of successors, as well as to deprive the inheritance without indicating the reasons. It is worth noting that the testator can use the right of the so-called "testamentary refusal". That is, he has the opportunity to oblige specific individuals to take some action. For example, the testator wants to give the heir Ivanov a house, but on the condition that he will grant Sidorov the right to life in this dwelling.
In addition, a will is a document thatcan not be canceled. The testator himself can stop it by writing a new order with a different content. Either he can completely stop the operation of such a document altogether. Therefore, to cancel or change the order for the transfer of property can be as many as you want, but only at the request of the testator himself.
Advantages of the will
If we talk about what is best, a will orit is worth noting that the first option has indisputable advantages for the owner of the property. The most important of them - after drafting a will, a person does not stop being the rightful owner of his apartment, house, etc. Heirs will be able to re-register the ownership right only after his death.
In addition, the freedom of will is capable oflimited to certain provisions of the law. So, if the testator has incapacitated or underage children, dependents or non-working parents, spouse, then such persons (regardless of the will) will receive an obligatory share of the deceased's property that would be due to them according to the law.
You also need to remember - if at the time of writingorders this person was registered in a narcotic or psycho-neurological dispensary, then this will in the future can be challenged in court by his relatives. If the court recognizes the will as invalid, then its provisions, naturally, will not be applied. Property in this case will be shared exclusively between legal heirs.
What is a gift?
What is the difference between a gift from a will? To understand their differences, you need to find out first, what is a gift agreement. Such a transaction assumes that the owner of something transfers his property to another person (the donee) for free. To witness such a transfer, a gift contract is drawn up in written simple form. After this, the transfer of ownership is registered with Rosreestr.
Significant difference between the will anddarstvennoy is that in the case of the second document, a person becomes a full owner of the car, cottage, home, etc., immediately after the contract is signed. The donor, accordingly, ceases to be the master of his property.
In the choice of the donee, there are no restrictions. You can transfer housing, business or transportation free of charge to anyone - your wife, nephews, children or even a completely stranger. It can be either a resident of Russia or a stateless person or a foreigner.
Who benefits from the gift agreement?
Whatever one may say, but for the owner of the propertythe contract of gift is less preferable. There are often cases when receivers, having received real estate as a gift, are simply driven out onto the street by former owners.
The difference of the gift from the will is thatthe latter is always easy to cancel, but it is possible to break the first contract only in court. Gifted has other limitations. For example, when it comes to property acquired during a marriage, it is in any case considered the common property of the spouses, and it can only be transferred with the consent of the wife or husband.
An important aspect
It is worth considering that if there is no will, then allThe acquired wealth of the deceased will pass to heirs by law. The first category of successors includes spouses, children and parents. There are as many as eight steps of heirs. If there are no relatives of the first stage, then the second successor will receive the property, if not the third one, etc. There may also be situations in which relatives of their deceased claim their property rights, which the deceased did not even suspect.
To inherit, you need to passa few mandatory steps - that's what distinguishes the gift from the will. The property is accepted six months after the death of the testator. After that it is necessary to collect an impressive package of documents: certificates from BTI, Rosreestra, tax and other papers. And only after receiving a certificate of ownership of the objects that bequeathed the deceased, begins registration for a new owner.
The financial side
You can not write off the financial costs. Let's find out: a will or donative - which is cheaper?
If the contract of gift is made bylawyers, it will cost from 2 to 5 thousand rubles. If you want to notarize the transaction, be prepared to pay 0.5-1% of the value of the property for the valuation of the BTI. The transfer of the right to property in Rosreestr can be assured both independently and through a realtor, who will have to shell out about 5 thousand rubles. Also, the state fee is paid in the amount of 1000 rubles and the same for registration of the right of possession.
Moreover, the donee will be obliged to pay personal income tax in the amount of 13% of the valuation of the BTI. However, close relatives of the donor are exempt from such tax.
To determine what is best, a will orwe will now analyze the costs of the first document. The successor for the execution of the will will need to spend about 1 thousand rubles and the same amount of state duty. And:
- 0,3% of the received property, but not more than 100 thousand rubles for children, spouses, parents, sisters and brothers;
- 0.6% of inherited "good", but not more than 1 million rubles for other categories of heirs.
If you want to conduct this procedure with the help of realtors, then you have to spend at least 5 thousand rubles.
Results. What is more profitable: a will or a gift?
It turns out, that for close relatives cheaper will come gift. If we talk about other people (distant relatives or friends), then it is better to formalize the will.