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Donated or testament: that prefer

The dedication and the will: what to choose

The dedication and the will differ greatly in nature, but have their own advantages and disadvantages.

For the donor or testator more profitable option is a testament to the heir or donee - the deed of gift.


The contract of donation settled Chapter 32Civil Code, the rules of inheritance under a will can be found in Chapter 62. The choice of the particular mode of transfer of property usually confronts the elderly who do not know which option is more secure, profitable, low-cost. , Related costs and some other points are substantially different result in all cases will be the transfer of property to the designated person in the document, however, the period of the transition procedure, the rights of the testator or donor.

Advantages and disadvantages of dedication

As a result of the conclusion of the contract of donationproperty almost immediately transferred from the donor to the donee. That is why the transaction is considered to be a more profitable option is for the recipients of property. They become full of its managers, are the respective rights and obligations. If the donor is interested to secure their own use the property throughout its life, the option of donation does not guarantee him a similar law. In addition, Articles 577-578 of the Civil Code provided for a strictly limited list of cases in which it is possible to refuse or cancel the donation, which also shows the benefit of gift recipient. The tax load in the donation close relatives significantly reduced, so can not speak about serious additional costs.

Advantages and disadvantages of wills

Making a will is more beneficial fortestator, as in this case the property is transferred to a successor only after the death of the original owner. Up to this point no rights in respect of such property has not actually heir. In addition, at any time of the testator can make a new will, which supersedes the old to the extent to which it is contrary, in accordance with Article 1130 of the Civil Code. That is why all the negative manifestations in the behavior of the heir can be controlled by the testator, which until the moment of death is the rightful owner of such property.
To heir is characterized by a willsolid disadvantages because it makes wait for the property in a state of uncertainty. Also wills often challenged in court, it may be invalidated, which is much harder to do with a properly prepared with dedication living donors.

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