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DARGE or testament: what to prefer

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Gift or testament: what to prefer</a>

The gift of will and testament essentially differ in essence, however they have their own advantages and disadvantages.

For a donor or testator, a will is a more advantageous option, a gift for the heir or the donee.


The gift agreement is settled by Chapter 32Of the Civil Code of the Russian Federation, the rules on inheritance under the will can be found in Chapter 62. The question of choosing a concrete mode of transfer of property usually rises before the elderly who do not know which option is safer, more profitable, and cheaper. The result in all cases will be the transfer of property to the person indicated in the document, however, the time, procedure for such a transition, the rights of the testator or donor himself, the attendant expenses and some other points differ significantly.

Advantages and disadvantages of the gift

As a result of the conclusion of the gift agreementProperty almost immediately passes from the donor to the donee. That is why this transaction is considered a more profitable option for recipients of property. They become full-fledged administrators, bear the corresponding rights and duties. If the donor is interested in safely using this property independently for the duration of his life, then the donative option does not guarantee him any such right. In addition, articles 577-578 of the Civil Code of the Russian Federation provide for a strictly limited list of cases in which it is possible to refuse a gift or to cancel it, which also indicates the benefit of the recipient of the gift. The tax burden on giving to close relatives is significantly reduced, so there is no need to talk about serious additional expenses.

Advantages and disadvantages of the will

Writing a will is more beneficial forThe testator, since in this case the property passes to the heir only after the death of the original owner. Until now, the heir has virtually no rights with respect to such property. In addition, at any time, the testator can draw up a new will, which cancels the old one in the part in which it contradicts in accordance with Article 1130 of the Civil Code of the Russian Federation. That is why any negative manifestations in the behavior of the heir can be controlled by the testator, who until the time of death is the full owner of such property.
For the heir the same will is characterizedContinuous shortcomings, because it forces you to wait for the acquisition of property, being in a state of uncertainty. Also, wills are often challenged in court, they can be recognized as invalid, which is much more difficult to do with a properly drawn up gift with a live donor.

DARGE or testament: what to prefer Was last modified: May 21st, 2017 By Meeqyiht
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