Which is better: a will or deed of gift? What distinguishes the gift from the will that it is cheaper and cheaper?

What is better: a will or deed of gift? To answer this question it is possible if to take into account many nuances. Unfortunately, a citizen who does not know the intricacies of the law often confuses these similar concepts. To incidents no one else appeared, we decided to consider these two terms.

Last will

It Should be noted that the law allows you to bequeath the property to any person, whether a relative, friend, or neighbor. A will – is available to the citizen, in which he determines the fate of his property in case of death. In this real estate or other things that a person plans to be inherited, of course, should belong to him by right of ownership.

The Last will of the testator must be certified by a notary. The exception to this rule can be only one – if the testator is in a situation threatening his life, and, in that position, he is unable to assure its disposal. In this case, your last will can be made in simple written form.

To understand what is better, a will or deed of gift, you need to understand the powers of citizen who is going to issue this document. As you know, property owner has the right to determine shares of successors, and also to deprive of an inheritance without specifying a reason. It should be noted that the testator may exercise the right of so-called “legacy”. That is, he has the opportunity to oblige particular persons to commit any actions. For example, the testator wishes to transfer to the heir to the Ivanov house, but with the condition that he would give gray the right to a life residence in the dwelling.

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In addition, a will – is a document that cannot be undone. To stop it the testator by writing a new order with other content. Or it may even completely stop the action of such a document. Therefore, to cancel or change an order about the transfer of property can be any number, but only at the request of the testator.

Advantages of a will

If we talk about which is better, a will or deed of gift, it is worth noting that the first option has undeniable advantages for the property owner. The most important one – after drawing up of the will of man does not cease to be the lawful owner of your apartment, home, etc. the Heirs will be able to re-register the right of ownership only after his death.

In addition, the freedom of the will is able to limit certain provisions of the law. So, if a testator there are disabled or minor children, dependents or non-working parents, the spouse (spouse), such person (regardless of the content of the will) will receive a compulsory share of the estate of the deceased which they would have owed under the law.

You Also need to remember - if at the time of writing of the disposition of the man consisted on the account in narcotic drugs or psycho-neurological dispensary, the will can be challenged in court by his relatives. If the court finds the will invalid, its provisions, of course, will not apply. The property in this case will be divided solely between the legal heirs.

What is a gift?

What distinguishes a deed of gift from will? To understand their differences, you need to figure out first, what is a deed of gift. Such a transaction assumes that the owner of something transfers free his property to another person (the donee). To witness such transfer, a deed of gift written in a simple form. After that, the transfer of ownership is registered in the Federal registration service.

The Essential difference between a will and a donation is that in case of drawing up a second document, the person becomes the full owner of the car, garden, home, etc. immediately after execution of the contract. The donor, therefore, ceases to be the owner of his property.

In the choice of the donee there are no restrictions. Send free housing, business or transport can be anyone – the wife, nephews, children or even an unrelated person. This can be as a Russian citizen and person without citizenship or a foreigner.

Who benefits from the deed of gift?

Like it or not, but for the owner of the property the contract of donation is less preferred. There are cases when the receivers received property as a gift, just kicked out the former owners.

Unlike the donation from the will that the latter always easy to undo, but to break the first contract is possible only in a judicial order. The deed has other limitations. For example, if we are talking about assets acquired during marriage, it is in any case considered to be common property of spouses, and transmit it only with the consent of the wife or husband.

An Important aspect

It is Worth considering that if there is no will, then all their belongings of the deceased will pass to the heirs at law. The first category successors include the spouse, children and parents. There areeight steps of the heirs. If no relatives of the first stage, the property will be given to the successors of the second, if not these will be – for the third, etc. May also arise a situation when their rights to property impose relatives, of which the deceased was not even suspected.

To get the inheritance, you need to go through several mandatory stages – here's what distinguishes a gift from a will. The property is taken six months after the death of the testator. After this you should collect an impressive package of documents: a certificate from the BTI, Rosreestr, tax and other papers. And only after obtaining a certificate of title to objects that are bequeathed to the deceased, registration begins for the new owner.

Financial

Can Not be written off and financial costs. Let's find out: a will or deed of gift - which is cheaper?

If the donation contract to be with the help of lawyers, it will cost 2 to 5 thousand rubles. If you wish the transaction to be notarized, be prepared to shell out 0.5-1% of property value for assessment of BTI. The transfer of the right to property in Federal registration service it is possible to assure both independently and through a realtor, who will have to pay around 5 thousand rubles. Also paid stamp duty in the amount of $ 1000 and the same for titling.

Moreover, the donee will be obliged to pay personal income tax at the rate of 13% of the assessment of BTI. However, such a tax exempt close relatives of the donor.

Costs will

To decide which is better, a will or deed of gift, now let's analyze the cost for the first document. The successor for the preparation of a will will need to spend about 1 thousand rubles and the same amount of state duty. And also:

• 0.3% of the resulting property, but not exceeding 100 thousand rubles for children, spouses, parents, brothers and sisters;
• 0.6% of inherited “good”, but not more than 1 million roubles for other categories of heirs.

If you wish to conduct this procedure with the help of realtors, you will have to spend at least 5 thousand rubles.

Results. What's better: a will or deed of gift?

It Turns out that close relatives of cheaper gift. If to speak about other people (distant relatives or friends), then it is better to make a will.