Which is better: a will or a gift? What distinguishes the gift from the will, which is more profitable and cheaper?

Which is better: a will or a gift? You can answer this question if you take into account a lot of nuances. Unfortunately, a citizen who does not know the subtleties of legislation, often confuses these close concepts. To avoid any more incidents, we decided to consider these two terms.

Last Will

It should be noted that the law allows bequeathing property to any person, whether it be a relative, a friend or a neighbor. A will is an order of a citizen in which he determines the fate of his property in case of death. In this case, real estate or other things that a person plans to transfer by inheritance, of course, must belong to him on the property right.

The last will of the testator must be certified by a notary. The only exception to this rule is that if the testator is in a situation that threatens his life, and because of this situation, he can not assure his order. In this case, your last will can be made in a written simple form.

To understand what is better, a will or donative, you need to understand the powers of a citizen who is going to issue this document. As you know, the owner of the property is entitled to determine the shares of successors, as well as to deprive the inheritance without indicating the reasons. It is worth noting that the testator can use the right of the so-called "testamentary refusal". That is, he has the opportunity to oblige specific individuals to do something. For example, the testator wants to give the heir Ivanov a house, but on the condition that he will grant Sidorov the right to life in this dwelling.

In addition, a will is a document that can not be canceled. The testator himself can stop it by writing a new order with a different content. Either he can completely stop the operation of such a document altogether. Therefore, it is possible to cancel or change the order for the transfer of property as much as necessary, but only at the request of the testator himself.

Advantages of the will

If we talk about what is better, a will or donative, it is worth noting that the first option has indisputable advantages for the owner of the property. The most important of them - after drafting a will, a person does not cease to be the rightful owner of his apartment, house, etc. Heirs will be able to re-register the ownership right only after his death.

In addition, the freedom of will is limited to certain provisions of the law. So, if the testator has incapacitated or underage children, dependents or non-working parents, spouse, then such persons (regardless of the will) will receive an obligatory share of the deceased's property that would be due to them according to the law.

You also need to remember - if at the time of writing this person was registered with a narcotic or psycho-neurological dispensary, then this will can be challenged in court by his relatives later. If the court recognizes the will as invalid, its provisions, naturally, will not be applied. Property in this case will be shared exclusively between legal heirs.

What is a gift?

What is the difference between a gift from a will? To understand their differences, you need to find out first, what is a gift agreement. Such a transaction assumes that the owner of something transfers his property to another person (the donee) for free. To witness such a transfer, a gift contract is drawn up in written simple form. After that, the transfer of ownership is registered in Rosreestr.

The essential difference between a will and a gift is that, in the case of the second document, a person becomes a full owner of the car, cottage, house, etc., immediately after the contract is signed. The donor, accordingly, ceases to be the master of his property.

In the choice of the donee, there are no restrictions. You can transfer housing, business or transportation free of charge to anyone - your wife, nephews, children or even a completely stranger. It can be either a resident of Russia, a stateless person or a foreigner.

Who benefits from the gift agreement?

Whatever one may say, the property contract is less preferable for the property owner. It is not uncommon for receivers, when they receive real estate as a gift, simply expel former owners.

The difference between the gift of the testament and the fact that the latter is always easy to cancel, but that the first contract can be broken only through the courts. Gifted has other limitations. For example, when it comes to property acquired during a marriage, it is in any case considered the common property of the spouses, and it can only be transferred with the consent of the wife or husband.

An important aspect

It is worth considering that if there is no will, then all the acquired goods of the deceased will pass to heirs by law. The first category of successors includes spouses, children and parents. There are as many as eight steps of heirs. If there are no relatives of the first stage, then the second successor will get the property, if not the third one, etc. There may also be situations when relatives of their relatives claim that they did not even suspect the deceased.

To enter into the inheritance, you need to go through several mandatory stages - that's what distinguishes the gift from the will. The property is accepted six months after the death of the testator. After that it is necessary to collect an impressive package of documents: certificates from BTI, Rosreestra, tax and other papers. And only after receiving a certificate of ownership of the objects that bequeathed the deceased, begins registration for a new owner.

The financial side

You can not write off the financial costs. Let's find out: will or donative - which is cheaper?

If the contract of donation is made with the help of lawyers, then it will cost from 2 to 5 thousand rubles. If you want to notarize the transaction, be prepared to pay 0.5-1% of the value of the property for the valuation of the BTI. The transition to the right to property in Rosreestr can be assured both independently and through a realtor, who will have to shell out about 5 thousand rubles. Also, the state fee is paid in the amount of 1000 rubles and the same for registration of the right of possession.

Moreover, the donee will be obliged to pay personal income tax in the amount of 13% of the valuation of the BTI. However, close relatives of the donor are exempt from such tax.

Will Costs

To determine what is best, a will or donative, we will now analyze the costs of the first document. The successor for the execution of the will will need to spend about 1 thousand rubles and the same amount of state duty. And:

• 0,3% of the received property, but not more than 100 thousand rubles for children, spouses, parents, sisters and brothers;
• 0.6% of inherited "good", but not more than 1 million rubles for other categories of heirs.

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

Results. What is more profitable: a will or a gift?

It turns out, that for close relatives cheaper will come gift. If we talk about other people (distant relatives or friends), then it is better to formalize the will.