Which is better: donate an apartment or leave it as an inheritance

Let's say one person wants to give his apartment to another. If we were talking about a sale, a corresponding agreement would be concluded. But in our case we are talking about a gratuitous transfer, which is done out of the kindness of the soul. This happens, for example, if a grandmother wants her grandson to get her home. Or the son is going to dispose of his share in the parents' apartment in case something happens to him.

There are two ways to transfer property free of charge: by inheritance or by donation. Let's look at the risks and benefits of both options.

How donation differs from inheritance

Giving implies that one person wants to transfer his property to another right now or in the future after the occurrence of an event or the expiration of a certain period. Moreover, the donee, according to the conditions, does not owe anything for this, otherwise the transaction is considered invalid.

To donate an apartment, you need to conclude a written agreement, and then register the right to transfer ownership in Rosreestr. You can draw up the document yourself. If you are renting the entire apartment, you do not need to certify the contract with a notary. But you have to turn to him if you donate a share.

It is important that if donation involves the transfer of property in the future, then this future cannot be determined by the moment of death of the donor, otherwise the transaction will be null and void. For such cases, there is inheritance.

The way to determine who will inherit the property after death is a will. It is certified by a notary.

There are three fundamental differences between donation and bequest mechanisms.

1. Timing of transfer

When property is transferred under a donation agreement, the recipient can fully dispose of the property received. For example, if we are talking about an apartment, sell it and evict the donor.

There is also a variant of the unfavorable development of events. The recipient of the gift may die prematurely, and the housing will go to his heirs, who will begin to make decisions. But this risk can be protected. The law provides for the possibility of including a clause on termination of the transaction in the agreement if the donor outlives the recipient.

If the transfer is formalized by a will, then the heir will be able to dispose of the property only after the death of the owner. It is safe for the latter: you can live in the apartment as long as you want.

2. Ability to cancel

People say that gifts are not gifts, and the state as a whole agrees. It is possible to cancel the donation only if the recipient attempted to kill his benefactor or his relatives, beat him.

A will can be changed as many times as you like. This is convenient for the current owner and not very good for the potential owner.

3. Possibility of challenge

Giving is a “what's done is done” process. The will can be challenged. For example, there will be applicants with the right to a compulsory share in the inheritance.

However, both donation and inheritance can be challenged if there is any doubt that the owner of the apartment acted voluntarily and was in a sober mind.

How much donation and inheritance will cost for the owner of the property

Giving is a budget option. The parties will have to pay a state fee for registering the transfer of rights to an apartment. It is two thousand rubles, it can be paid by either party. That is, it can be free for the donor.

If not the whole apartment is donated, but a share in it, then the contract must be previously certified by a notary. This will cost an average of 4-7 thousand rubles. If you want a notary to draw up a document, this will require additional expenses.

Attestation of a will by a notary costs 2-3 thousand on average. But, again, you will need to pay for additional services if they are required. The state duty for a will is 100 rubles.

How much donation and inheritance will cost for the recipient of the property

A gift from a close relative: parent, brother or sister, grandmother or grandfather, child or grandson - will cost nothing. If the gift is received from someone else, you must pay a tax of 13% of the value of the apartment, usually the cadastral. You may have to pay state fees and notary services.

For a certificate of the right to inheritance, which allows you to own property, you must pay a state fee. For children, spouse, parents, brothers and sisters of the deceased, it will be 0.3% of the value of the property received, but not more than 100 thousand rubles. The rest will have to pay 0.6%, but not more than one million rubles. The value of the property is determined by specialized government agencies or specialized organizations with a license.

Additionally, you need to pay state fees for opening an inheritance case and certifying a signature on an application for the issuance of a certificate - 100 rubles each. You will also need to register the transfer of ownership, which will cost two thousand rubles. And that's not counting the services of a notary, which may also be needed (or imposed).

What to choose - donation or inheritance

Much depends on the circumstances. You need to weigh the pros and cons on your own. It seems that a will is much safer for a property owner than a donation. He will be able to live peacefully in the apartment until his death.

However, there are situations when a person wants to transfer an apartment to someone specific. At the same time, he has heirs with the right to an obligatory share, to whom he does not want to leave anything. In this case, the dedication has its advantages.

It is financially more profitable for both parties to donate real estate to a close relative - it is cheaper. But the owner of the apartment will have small expenses in both cases, so here it is worth comparing the risks. The recipient, if something happens, will be able to pull up and pay everything that is needed - after all, he is not given an apartment every day.

When choosing between these two options, it is important to approach the issue soberly and take into account the worst-case scenario.