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Main » Articles » Real Estate » Information

New Wills

As a rule, we do make a will a universal form, when once bequeathed all property rights. But the legislation makes it possible to write in that document the legal mode of inheritance of individual pieces of property. For example, you can clearly specify who goes flat, to whom the machine, someone giving. In addition, it is possible to dispose not only property but also the rights and duties that belong or will belong to the testator.

By adopting the new Civil Code of Ukraine introduced new forms of wills, for example, the general will of the spouses. Previously, Will was drafted solely on behalf of one person. Today, this restriction has been lifted, but with one condition: this will be compiled only on the property in joint ownership of spouses, even if it is registered for one of them.

For example, flat, acquired during marriage is community property. In marital Wills stated that the property after the death of the testator passes to children equally. In the case of death of the husband of his share automatically passes to his wife, and she becomes the sole owner of the apartment. Children can inherit only after the death of his mother. But there is an important detail: this will not allowed to change after the death of a spouse. But to the property temporarily prohibits alienation, which can only be removed after the death of the spouse. It is done in order to prevent violations of the will of the deceased.

Another important innovation is the secret will and testament. The main difference from the usual this document is that, until the death of the testator, no one knows what it will. The procedure for drawing up a will as follows: a person's own hand on an ordinary sheet of paper, wrote a will, then puts the document in an envelope and sealed. In the presence of a notary testator sign the envelope, the lawyer puts on it certifying label, then packs into another envelope and seal it. This explains the notary to the testator, that the text should be drafted in such a way that after the opening of the will is not a misunderstanding, confusion or disagreement. After this will shall be deposited with a notary.

Secret will be dug up by the notary only after the death of the testator in the presence of interested parties and two witnesses. On the disclosure of the will drawn up, which displays the entire text of the document. Protocol is signed by a notary and witnesses. Successors specified in the will, the notary shall issue a certificate on the basis of which they can make an inheritance.

The testator has the right to secretly dispose of their property, even to deprive his family inheritance and transfer all the charity fund, or any organization. But before drawing up a secret wills should consult with a specialist (lawyer) or a notary seal to the document, so you do not have problems with the implementation of the will of the testator.

The Civil Code defines the categories of citizens who have a compulsory share of inheritance. This minor children of the testator, as well as disabled children, parents or spouse (husband). That is, when drawing up a will, according to which they do not inherit the estate of the testator, they also receive half the share they would inherit under the law. The calculation takes into account all legal heirs, then from the resulting percentage halves. This rule applies to all types of wills, including the secret.

Now people can make and testament to the condition under which heir receives the property, only the steps outlined in the document requirements of the testator. And the conditions must exist at the time of death of the testator. The options are many. They may be associated with the formation of (heir receives an apartment only after graduation) or by marriage, birth, and so on. For example, when my grandfather bequeathed an apartment grandson, but on condition that he would receive only age. Apparently, in order to prevent abuse by relatives or guardians, and the use of property contrary to the will of the testator.

But there are some limitations. The contents of the will and the will of the testator must not conflict with applicable laws and moral principles of society. This applies to secret wills. Also, the law established that in the case of the impossibility of a notary, have the right to certify the documents the following officers:

- Authorized persons of village and city councils;
- Head doctors, their assistants on medical unit or doctors on duty at the place of treatment of the testator;
- Masters of vessels on a long voyage;
- Heads in prison;
- Commanders of military units.

Also, the Civil Code of Ukraine suggests the possibility of bringing witnesses signing the will by a notary. However, in the case where a notary will not certify, except officers of village, town councils, the presence of witnesses required.

In addition, the law provides for mandatory conditions in the preparation of wills. Primarily, the document should be made in person capable testator. Also, he could ask the notary to write a will with his words. But in this case the testator must read aloud and sign the will. If he is unable to read the document because of the disability, it is necessary to ask the witnesses from among the strangers, uninterested people. This procedure applies to all wills, except the secret.

The new Civil Code was a concept legatee. This is a man who may not be the heir or bequest, or by law, but has the right to use any property of the testator, or get some kind thing, the amount of money.

For example, a person has land and house. He bequeaths to his son. But in the courtyard of the testator is the well from which take the water of a neighbor. So, in his will a citizen may indicate that even after his death, a neighbor will have the right to use this well. Moreover, the well goes to the right of ownership to his son, and his neighbor can enjoy the well throughout his life. The rights of legatees do not extend to their heirs and is not hereditary.

Category: Information | Added by: Дмитрий (20.03.2010)
Views: 278 | Rating: 0.0/0

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