Rus News Journal

To the lawyer

your questions you can personally set a question, having come to the address: Penza, street Moscow, 11 or to send in edition by mail (with a mark on an envelope the Question to the lawyer ) And also to set by phones: (8412 55 - 30 - 54, 56 - 22 - 59 or to send on electronic mail - irakp@mail. ru

How to issue the will

I has issued the will on apartment on the daughter and the son for a long time already. The daughter lives in Petersburg. The son now is in prison, but soon should leave on freedom. I am afraid that will return, will start to drink. Can spend on drink and habitation. Both children are registered in apartment. Tell, how it is better to issue the will on apartment that the daughter has not lost habitation?

Lydia Kurchavina, Penza.

- you have the right to cancel or change the made will at any time after its fulfilment, without specifying thus the reason of its cancellation or change. For cancellation or will change someone`s consent is not required. Including the persons appointed fellow-heirs in the cancelled or changeable will. You have the right by means of the new will:
- to cancel the former will as a whole,
- to change it by means of cancellation or change of separate testamentary orders containing in it.
the subsequent will which is not containing direct instructions on cancellation of the former will or separate testamentary orders containing in it, cancels this former will completely or in a part in which it contradicts the subsequent will.
the will cancelled in full or in part by the subsequent will, is not restored, if the subsequent will is cancelled by the testator completely or in a corresponding part.
you can cancel the will by means of the order about its cancellation. For this purpose it is necessary for you to be converted to the notary.
the testator is not obliged to inform someone on the maintenance, fulfilment, about change or will cancellation.
if all of you want to leave the son among fellow-heirs, necessarily specify its share in the inheritance. As property, zaveshchannoe to two or several fellow-heirs without instructions of their shares in the inheritance and without those instructions, what a part inheritances of a thing or the right to whom from fellow-heirs intend, it is considered zaveshchannym to fellow-heirs in equal shares.

In what cases it is possible to receive new apartment instead of the rented houses?

In personal property there was a house part. But I there did not live. This house has been defined under a pulling down, and now on its place erect new habitation. Tell, a leah I have is right on apartment reception?

Valentina Dubkova, Penza.

- According to article 32 of the Housing Code of the Russian Federation at withdrawal of premises for the state or municipal needs, and it is equal at its recognition to an emergency and subject pulling down, the redemption price which is defined in the agreement with the proprietor and which joins market costs of dwelling and all losses which are born by the proprietor in connection with a house pulling down is paid to the proprietor. Under the agreement with the proprietor of premises other premises including its cost in the redemption price can be given it instead of withdrawn premises.