Civil Code

Many owners of real estate tend to pass it to their heirs under the will. The reasons for this set, and in each they own. However, some of the intricacies of drafting this important document will tell Experts Portal What you need to know everything, as the testator, and potential heirs? The general procedure for registration of a will is regulated by the Civil Code. Some mandatory requirements, but failure to comply with each of them shall invalidate the entire document.

Because binding conditions making a will include: capacity of the testator, with his own compilation of the document, as well as written form with its mandatory notarization. Rest of the contents of the will itself determine the testator in accordance with their wishes. At the same time for them also retain the right to change the terms content or even cancel it. In drawing up a will is necessary to consider that there are certain legal number of persons who are entitled to compulsory share of inheritance, regardless of content testament. These heirs are dependents of the deceased. The law determines their share of half the property, due to them in case of inheritance by law in the absence of a will.

However, such heirs may waive of a compulsory share. For this heir, said in his will, may go to court, where mandatory heirs may indicate failure of the compulsory share of inherited property, while the court decides based on consideration of their property. To join the heir inheritance shall apply to a notary. However, it is not always justified, since the will can be found in any of a notary, or it may be absent. To open a hereditary thing better to contact the Chamber of Notaries. The application is also important to attach a copy of the death certificate and proof of family relationship. At the presence of a will in favor of the petitioner, the notary will issue a copy of it and will come into an inheritance. Otherwise, the applicant will be denied at the opening of the inheritance. In some cases, property owners prefer not to leave, and give it to. Each of these legal actions have their advantages and disadvantages. Thus, the will can be changed as desired, with each subsequent automatically cancels the previous one, except that the will can specify a property that belongs to another testator, but it can become part of his property. Among the negative aspects of probate – the impossibility of exclusion of heirs, who owns the compulsory portion of the inherited estate. A deed of gift, with proper preparation and registration in the respective institutions is practically impossible to challenge, with it is terminated only with the consent of each party. A significant disadvantage of this agreement is that after its official registration of the donor ceases to be the owner of real property, and preserves behind only the right to use them. Therefore, the preparation of such a treaty requires extreme caution.