According to a survey of Fund “Public opinion” spent a year and a half ago, 35% of Russians do not know and have never known people who would have left a will. Among respondents not planning to write a will and reporting the reasons for this decision, more than one third cited the lack of ownership. Someone is afraid of conflict between heirs and prefer to trust the law, and someone thinks writing wills is a bad omen. What other stereotypes affect the decision?
A long-term solution
A will provides for liability, the adoption of any decision. Making a will is a way to take a fresh look at your life, understand who you are really close, which is often difficult. In addition, the relation to the will as a “last will” encourages us to look for “long-playing” decision, which will continue to have relevance in all our lives.
However, the circumstances of our lives are constantly changing. We have repeatedly faced with the fact that our clients, writing a will, after some time you want for various reasons to add or remove heirs, not to mention the fact that the composition of assets is changing constantly: do you have a house in Nakhabino you like to leave a son, and two years later you sell it and buy a cottage in Peredelkino, closer to parents.
What to do in this case? Russian legislation provides the possibility to change a previously written will (and do it many times) or even to cancel it. This is not required and the consent of the persons nominated as heirs in a cancelable or changeable will.
The secret will be revealed
A regular will drawn up in two copies, one of which is kept in the archive of the notary, and the second is handed to the testator. This is the second instance often becomes a stumbling block in family quarrels. Recently I was approached by a client who got into trouble. His wife found the will and learned that the spouse has multiple secret accounts in foreign banks, which he bequeathed to his mistress and illegitimate child that the spouse had no idea. Subsequently, the wife filed for divorce and partition of the entire property.
Indeed, many are afraid to do the will precisely because of the possibility of its publication or leakage of material information. Cause for concern is the instance that is stored at the notary, because it can read any employee of the notary office. And the fact that they have administrative responsibility for disclosure of any documents, not many of the devisor soothing.
In this case, you may want to make a will in a closed form. The feature of closed wills that its content will be known only to you, and even the notary who accepts your order for storage in its archive, can not see its contents. A closed will is made in one copy and delivered to the notary in a sealed envelope. In this case notarization of the will here does not occur, and to certify the closed envelope in which your oral statement is a will written and signed by yourself. And to you, the notary will issue a certificate only on the acceptance of such bequest.
The controversial document
Another important aspect is the concern that prepared the will can be challenged relatives not mentioned in the will. And then the fact of making a will is meaningless. Why to waste time, to experience and to suffer, if the instructions still no one will follow?
Indeed, based on my experience, it can be argued that a significant part of wills considers himself crawled relatives are trying to challenge in court. Usually to declare the will invalid if to prove incapacity of the testator at the time of writing of the will or the fact of making a will under pressure.
All this to prove a lot easier if the testator wrote the will in old age, which, as expected, leads to dependence on immediate environment. So Testament, written in haste and “deathbed” are increasingly recognized as invalid. But carefully designed and properly executed a will to challenge much more difficult. This is one of the reasons that we should not postpone the execution of this document.
Don’t forget that a will is a document, no more and no less. The main purpose of this document is to convey the will for disposition of the property of the testator to heirs. In the matter of registration of wills is to reject all superstitions and remember that a properly written will allows you to pass assets to ensure proper management and to minimize tax payments on property located in a foreign country.