Answers on probate lawyer and annuity contract

By Admin | Legal Issues
30 April 2016

annuity contract

What you need to do to fix a will?

Vitaly Fedotkin, Tul.

In accordance with the Civil Code of the testator has the right at any time after making a will to cancel or modify without putting notify anyone.Whose consent to any change or cancellation of the will, including the heirs are not required.Cancel a will in two ways: 1) create a new (in this case a new will entirely cancel the former) or 2) to issue a special decree on the abolition of the will, which must be done strictly in the form prescribed by law.

Change old testament you can also make the new testament, which shall be canceled or changed the content of individual orders of the testator.This new will cancel the former, either fully or to the extent to which it is contrary to the will continue.Will totally or partially canceled the new testament, it loses its legal force once and for all, and can not be restored, even if a new will also subsequently be canceled by the testator in whole or in pertinent part.In
this case inheritance is implemented by law.An important point: if the court recognizes the new will be invalid, the inheritance will be in accordance with the old testament

for wills drawn up in extraordinary circumstances, a special procedure changes and cancellations.It may be revoked or modified in the same or any other testament, drawn up by the general rules.

I want to pass the garden and the house of his grandchildren on an annuity contract.What do I need to do?

timid Vladimir, Kaluga region.

law provides not only the sale or donation of land, homes, and forwarding it to the contractual rents and lifelong maintenance of a dependent.This means that the owner of immovable property passes it to the property to another party in exchange for payment of rent - periodically received money or the content in a different form.In the annuity contract has a feature: property transferred under payment of rent immediately becomes the property of the payer.He is entitled to dispose of them immediately upon receipt (except as specifically permitted by law).A return to the property transferred to the recipient are long-term obligation to pay rent.

circle of persons who may be payers of rent, the law is not limited.Pensioners can only be citizens and (under certain conditions) non-profit organizations.

Renta is constant - not time-limited benefits.And a lifetime - is paid during the life of one or more recipients.The contract of rent shall be notarised.It is also subject to state registration.If these requirements are not met, then the transaction is invalid.

package of documents for the registration of the contract and the rent is the same as for the sale and purchase agreement

Our parents are registered in Moscow, but in fact for many years living in the country.Can they issue will, without leaving the place of residence, directly in the holiday village, inviting the notary?Will is a will be considered valid?

Lyudmila A.,

In accordance with the Civil Code, the will must be notarized - with the exception of closed wills and wills drawn up in case of emergency.Create and certify it can any notary leading hereditary cases, regardless of the place of residence of the testator.

text testament may be written by the testator or notary public (from the words of the testator).The testator must have read it in the presence of a notary.If for some reason the testator is unable to personally read the will (the illiterate, visually impaired or blind), the text is read out to him by a notary, which is testament to a relevant inscription.The will must be personally signed by the testator.If due to physical disability, serious illness or illiteracy can not personally testator sign the will, it is, at his request, may be signed by another citizen in the presence of a notary, and this fact is confirmed in the will.

addition testament notary can certify:

1) chief physicians and their deputies on medicine or doctors on duty of hospitals, hospitals and other medical institutions;

2) heads of hospitals, directors or chief physicians of homes for the elderly and disabled;

3) Captains of vessels sailing under the State Flag of the Russian Federation;4) heads of exploration, Arctic or other similar field trips;

5) commanders of military units;

6) Head of prison;

7) employees of banks entitled to accept for execution orders against customers' funds in their accounts.

Notarial acts may also be carried out by officials of the executive (administration heads certify the will, if in the village do not have a notary) and consular offices of the Russian Federation (the consuls certify wills of Russian citizens abroad)