5 reasons to make a will, even if you are young and healthy
Miscellaneous / / October 31, 2021
It is never too early to think about the well-being of loved ones.
I would like to believe that you will live to a ripe old age, and then the question of the will will become relevant. Many also have a superstitious fear of any preparation for death, including the signing of any important documents. Like, if you start thinking about the bad, you will pull it in.
Youth and health do not mean immortality. Fears are irrational, but statistics are realDemographic Yearbook of Russia 2019 / Rosstat. In 2018, 1.83 million people died in Russia. Of them 431.1 thousand were from 20 to 60 years old.
Bad things happen. And a will is just a way to make life somewhat easier for people who are dear to you. It is worth compiling it for several reasons.
1. To transfer property to those who do not receive it in another way
If there is no will, the future owners of the deceased's estate are determined by law.Civil Code of the Russian Federation Article 1141. General Provisions. The heirs of the first order are children, spouse and parents. If they are not there, the property is transferred to the heirs of the second stage, third, and so on.
But what is true from the point of view of the Civil Code does not always turn out to be true. For example, a couple have been living together for 20 years and does not register relationships. They live in a common household, like a family, but they are not spouses. This means that if one of them dies without leaving a will, the second will not receive anything at all.
There can also be questions about the order of inheritance. Let's say a person wants to leave part of his property to his stepfather or stepmother, who raised him as his own. They belong to the heirs of the seventh order. So the chances that they will get something without a will, frankly, are small.
But if there is a document, anyone can claim the property - a distant relative, a friend, the first teacher who changed your life.
2. To divide your property between the heirs in the way you want
According to the law, property is divided among the heirs of the same queue in equal termsCivil Code of the Russian Federation Article 1141. General Provisions shares. This is not always true.
For example, a person has two children. He bought an apartment for one. And to the second he promised to bequeath his home. If he formalized his intention, then after his death everything will be as he wanted. If not, then a controversial situation will arise.
Of course, there is always hope for the honesty and justice of the heirs: if one of them refuses to receive his share, then everything will go to the second. But why, in principle, create conditions for testing these qualities, if you can immediately formalize everything as concretely as possible?
3. To exclude "unwanted" relatives from inheritance
We have already found out that without a will, the heirs of the same line divide the property among themselves in equal shares. But among them there may also be those who do not want to leave anything at all.
For example, someone left a child in deep childhood. Until his majority, the parent diligently understated income in order to pay 500 rubles alimony. If he shirked this duty, he could be considered an unworthy heir through the court. But he listed something, which means, according to the law, he can claim his share.
The will will help make sure that the property is received by people who are pleasant to you. Or, at the very least, reduce the part that will go away unpleasant. After all, some relatives have the right to compulsoryCivil Code of the Russian Federation Article 1149. The right to a compulsory share in the inheritance share. It:
- minors or disabled children of the deceased;
- disabled spouse and parents;
- disabled dependents of the deceased.
Disabled people are recognized as disabled, pensioners, as well as pre-retirees - men over the age of 60 and women over 55.
Even if there is a will, people from this list will definitely get their share. It must be at least half of the size that would be assumed in case of inheritance in equal parts. But this is still 2 times less than the unwanted heir would have received without a will.
4. To reduce the number of disputes between heirs
Or not. How lucky you are. Legacy doesn't just carry sentimental value. This is a specific property with a certain material expression. Therefore, disputes over him unleashed a local war in more than one family. But will - this is the last will of the deceased. And respect for his position can slightly reduce the acuteness of the issue. In the end, he knew better how to manage his belongings.
Although, of course, the will does not give guarantees. If people want to quarrel over money, they will.
5. To bequeath everything, everything of value
The heirs may, for various reasons, be unaware of some property or that, in principle, they are entitled to something. Without a will, you should not expect that someone will be looking for them, so long as they get theirs. Moreover, all the property has a heir of the last priority - the state. And if none of the relatives shows up, it will gladly take everything for itself.
A completed document is another matter. In it, you can list all the assets that you have and you want to transfer. And it will also be possible to enter the contact details of the heirs and appoint an executor - a person who will make sure that everything goes to whoever needs it.
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