Five myths about wills and inheritance


To me often, apparently, at the request of the parents of the young people from wealthy families to make a will before marriage. But such cases are rather the exception. In Russia was not formed the culture inheritance that is why inheritance law is full of myths. Let us try to understand the most popular ones.

Myth 1: to Bequeath property to relatives

If the testator left a will, the business is inherited according to law. In the first place a claim on him or her spouse, parents, children, equally. However, when making a will to appoint a successor can be anyone: neighbors, friends, colleagues, and legal persons. American billionaires bill gates and Warren Buffett went even further and organized a philanthropic company “the giving pledge” under which their assets will be directed to charity.

Myth 2: By will to completely disinherit close relatives

Even if you are a philanthropist and believe that children need to achieve in life for yourself, fully to disinherit their loved ones will fail: minors or disabled children, and disabled parents and spouse are entitled to a compulsory share of inheritance, regardless of the contents of the will. Binding is a half share, which would be put to the heir at inheritance under the law. If, say, you two successors of the first stage (for example, two sons, 24 and 13 years old) and for some reason not mentioned in the will of a minor child, he will receive 1/4 of the assets (instead of half that would have been awarded in the absence of a will).

Myth 3: within 6 months not to dispose of property

And it’s not really a myth but rather a cause for concern. However, it is possible to neutralize the unpleasant consequences of this feature of Russian law, if in advance to stipulate. For example, to designate in the will an executor who will be responsible for the safety and management of the property, for the period of registration of inheritance.

To inherit a Bank account is for the use of shared or joint accounts: each joint account holders is entitled to dispose of its funds during his life, to Deposit or withdraw funds. In the event of death of one owner, the access to this account will not be frozen and will be re-issued to the remaining owner and will cease to be joint. Another option is a savings certificate that can be issued to a specific person or bearer. Having issued securities in the Bank, you will be able to pass it on to their heirs. This certificate can be cashed at any Bank without any power of attorney.

Myth 4: Caregivers can easily abuse the inheritance

There is widespread concern that in the case of simultaneous death of both parents, legal guardians on behalf of wards can easily for selfish purposes to refuse an inheritance. Can, but not easily: in the Russian succession law minors are well protected, and such refusal is permitted only with the permission of bodies of guardianship and guardianship, and only for good reason. For example, if the testator credit debt and other debts was more than the value of all its assets.

By law, the guardians of the minor heir are not the owners of his property, moreover, for each transaction involving a minor or to any withdrawal of funds from his account will need the permission of bodies of guardianship and guardianship. Here we should note that the amount owed to the child, are strictly targeted, as must be spent exclusively on the needs of the child. Therefore, caregivers not only have to obtain the permission of the guardianship for each withdrawal of cash, but will need to prove that the money goes to the benefit of the child, and to report to the guardianship authority for every spent penny.

Myth 5: once is Enough to write a will and forget about him

Time goes by and circumstances change, people get married, get divorced, buy and sell assets. All this leads to invalidity of wills made earlier: the heirs will not get sold 5 years ago the Villa. So made the will should from time to time to review and make new adjustments. Because the issue of timeliness in the preparation of a will is the key.