Will or gift deed: which to choose

A will and a gift deed are two ways to pass on property, and they work fundamentally differently in law: a will can be rewritten tomorrow, while a gift deed is an irreversible transfer of ownership. Here's how they differ in practice, which is easier to challenge in court, and how to choose the right option for your situation.

A will is only an intention

A will doesn't transfer ownership during the person's lifetime - it's a statement of intent that only takes effect after death. Until then, it can be rewritten as many times as the person wants: each new will automatically cancels the previous one. Don't assume an apartment is "already yours" just because a will names you - the situation can change at any moment, and the heir only finds out once the inheritance case is opened.

A gift deed is an irreversible transfer

From the moment the title transfer is registered with the USRR, the apartment legally stops belonging to the person who gave it away. Getting it back without the recipient's consent is practically impossible - a gift deed can only be revoked on a narrow set of legal grounds, and in practice that's extremely difficult, even if family relations later sour.

The mandatory share: a risk people forget about

A will doesn't guarantee the property goes to exactly who the deceased named. By law, minor children, a disabled spouse or parents, and dependents of the deceased are entitled to a mandatory share - at least half of what they would have received under intestate succession - regardless of what the will says. A gift deed avoids this problem entirely: gifted property doesn't become part of the estate and isn't subject to the mandatory share.

Why a will is easier to challenge

A will can be voided if it's proven the person wasn't of sound mind when they signed it - for example, they were seriously ill, on powerful medication, or signed without witnesses or a medical exam. The closer a will is made to the date of death, and the fewer supporting documents there are, the higher the risk it gets challenged in court. A gift deed is harder to challenge: the deal is already executed, the title is registered, and doubts alone about the giver's mental capacity usually aren't enough - solid proof is needed.

What it costs to arrange

A notarized will is relatively inexpensive. A gift deed costs more: the deal requires mandatory notarization, and the price depends on the property's cadastral value and the region - even with the discounted rate for close relatives, the total ends up many times higher than a will. That's worth factoring in, especially if the property might change hands more than once during someone's lifetime.

A middle ground: a partial gift plus a lifetime right of residence

If giving away the whole apartment feels too risky, and a will doesn't feel reliable enough, there's a middle option: gift a share of the apartment rather than all of it, staying a co-owner, or add a lifetime right of residence for the giver into the gift deed. That right survives even if the new owner later sells the apartment - but it's worth understanding clearly: it protects against eviction, not against someone else controlling the property.

What matters when arranging a will or a gift deed

• Discuss the decision with every potential heir while you're still alive - most court disputes happen because the decision came as a surprise to someone.
• Get a medical exam right before signing the document - it lowers the risk of a challenge based on mental capacity.
• Check whether any heirs are entitled to a mandatory share - minor children, a disabled spouse or parents, dependents.
• If you choose a gift deed, weigh its irreversibility - getting the apartment back after the title transfer is registered is practically impossible.
• If you add a lifetime right of residence to a gift deed, talk with the recipient about what happens if they decide to sell.

Can't decide between a will and a gift deed

Describe your family situation by phone - we will help you choose a way to pass on the property that reduces the risk of disputes between heirs.

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