Questions to notary

Visi klausimai ir atsakymai

260

My mother is 81 years old. She has not written her testament yet, because notary said, that it is unnecessary to be signed, as the house will devolve upon her only daughter (i.e. me) anyway. However, I have heard from my needy colleagues that after their parents‘ deaths they are unable to sell their property in 3 years time, and if they need to sell their property at once, they have to give nearly a half profit of the house to government. Is this true? Does my mum need to write a testament?

If Your mother does not have a husband and You are the only daughter, a testament is unnecessary. In this case You are the only legatee under the law. Despite the fact the testament is written or not, the procedure of inheritance is absolutely the same, as well as inhabitants‘income-tax, in case the property needs to be sold earlier than after 3 years.

259

How much would cost the confirmation of chairman, newly elected by Public organization? This organization has been registered in the Center of Registers; however the individual, capable of concluding financial transactions and responsible for the account in a bank of Public Organization, should be authorized.

Individuals, with a right to conclude transactions on behalf of legal entity, have to write a certification of data validity. The JAR-PP form determines the salary of 25 Lt and 2 Lt value payment for the preparation of notarial act project.

258

At this moment I am living not in Lithuania, my husband is a foreigner, we are going to buy a flat in Klaipeda, and I would like to write a general warranty of authority for my mother, in order to provide her with a right to administer all my documents, connected with the buying of flat. I would like to know, which documents are exactly needed in order to write general warranty of authority.

In order to validate the warranty of authority You must have Your document of identity (passport, identity card) and identity data of the authorized person – name, surname, identity code, place of living. If the authorized person is Your mother, the documents, proclaiming the relationship may be (but are not necessary) presented – certificate of birth, certificate of divorce.
If the warranty of authority is signed by You and Your spouse, and You got married not in Lithuanian Republic, the marriage certificate of Your husband, confirmed by “Apostille” and translated into Lithuanian language, is needed.

257

On the 20th of November, 2007 I have received 10 ha of forest as a present from a person, with whom I do not have any relationship. The present is evaluated by 70000 Lt (and I have already registered it in the Center of Registers). I would like to refuse that present (to give it back), as in reality it is not worth such a sum, and government wants to tax 27% of the sum. Is this possible?

If the agreement is received as a present, it can’t be given back. As the signing and performance of the agreement, received as present, coincide, the parties, that have signed gift deed, can not terminate it.
The 3rd part of Article 6.465 of Lithuanian Republic Civil Code provides that gift deed, determining the right of the grantor to take back the given property or property right by one-sided decision, is not valid.

It is also should be noted that the cases, provided by Lithuanian Republic Civil Code, when gift deed can be terminated under the legal procedure, i.e. the grantor has a right to apply to the court for the cancellation of present, when the receiver of present makes an attempt on grantor or his relatives’ lives or intentionally injure them badly, performs such an actions, that are morally strictly objectionable and etc. (LR CK 6.472 art.), also if the receiver of the present does not perform the terms, provided in the contract (LR CK 6.467 art.).

256

How a pensioner can conclude agreement by which a person authorized by pensioner could manage gift deeds and other agreements of real estate?

Pursuant to art. 2.137 of Civil Code, power of attorney is a written document given by a person (a principal) to other person (a representative) to represent a principal determining and keeping relations with the third persons. A person acting as representative on behalf of other person by revealing the fact of representation and not exceeding given rights directly creates, amends and abolishes civil rights and obligations of the principal. You can authorize other person to represent your interests with the third persons and (or) institutions, offices by power of attorney. Power of attorney has to be certified in notarial order. Subject of agreement and grantee have to be provided in the power of attorney for conclusion of grant deed. If subject of agreement and grantee is not provided then power of attorney for grant deed becomes invalid. If property which is going to be granted is community property then both spouses have to conclude grant deed or both spouses respectively should authorize the third person to perform following actions. Following documents and data have to be provided to notary for confirmation of power of attorney: documents of principals’ (who authorizes) identity and representative’s (who is authorized) personal data – name, surname, personal number, address of place of residence.

255

Parents bequeath me their real estate. Can my brother who has disability of the 1st category, lives with family and has his own real estate claim to this real estate?

It has been provided in part 1 of article 5.20 of Civil Code that testator’s children (adopted children), spouse, parents (adoptive parents) whom maintenance is necessary on the day of testator’s death notwithstanding the content of will testament succeed half of the part which would fall to all of them if they succeed according to law (compulsory part), unless it was granted more by will testament. Necessity of maintenance is presumed when such person on the day of testator’s death is juvenile, invalid due to his age (pensioner) or state of health (disability) if he is testator’s spouse and has his and testator’s juvenile child and then when maintenance was awarded from testator to these persons under valid judgment.
Pursuant to art. 5.20 of Civil Code, your brother has the right to compulsory part of legacy after father’s death if maintenance is necessary him on the day of testator’s death notwithstanding the content of will testament.

254

My mother died and left no will. She had 2 children from the first marriage and two from the second one. Only one child applied for inheritance and he got all the property. After that he sold it. Can other children apply for their parts in the future? If yes, can a person be prosecuted because he/she has no possibilities to return?

The answer is indicated under the 154th question.

253

Recently I got to know that some land belongs to my mother, but after the death of my grandfather (her father) his sisters divided the land of their parents (which belonged to each of the child in 3 hectare), but one sister took more, i.e. my grandfather’s and other brother’s (they are both dead) land. I would like to how did they divide the land without my mother’s agreement? How could we retrieve what belongs to us? Where we can direct our questions?

We recommend you to consult a lawyer.

252

Maybe you could provide me the following information:1) I want to grant a piece of land (land in district) which belongs to me by personal ownership to a stranger in blood. In the certificate of title it is indicated the special condition of enjoyment of property “National and regional parks”. Should I appeal to a planning department of the district that they would issue me a certificate that they have no objections about granting this piece of land? I have heard that the notary requires this certificate in a case of selling and exchange, but how is it in this case?2) If I want to sell this piece of land, have I to send a notarial suggestion to a joint owner to buy this land by a preferential right? Or is it enough that the joint owner comes to the notary and writes a refusal?

For granting a piece of land neither a certificate from the planning department nor agreement of joint owner are required. If a volunteer is not a spouse, a child (adopted child), a father (stepfather), a mother (stepmother) or a grandchild, he/she will have to pay income tax to the state. But if you want to sell a part of the indicated piece of land, then a joint owner has a preferential right to buy this property. If a joint owner does not want to buy the mentioned property, he can sign a refusal to buy in the notary bureau. If he cannot come to the notary bureau for any reasons, the seller has to send a suggestion to buy the buyable piece of land. The most important to the notary is that the joint owner would put his will.

251

A division of the property. A person who is 84 years old wants to divide his property (to conclude an unchangeable agreement) maybe by a will to his only son and two grandchildren. Requirements, cost, taxes?

From the presented information it can be seen that a person have not decided what notarial action he wants to make, i.e. if he wants to grant the property or to leave it by a will.

In the case of granting, an owner of the granted property becomes other person, i.e. the volunteer, from the moment of deed’s certification. During the confirmation of the deed, both parties have to be present. The list of documents which are necessary to conclude a deed of gift is presented under the 6th question. A fee of 80 litas is paid to notary for certifying a deed of gift to a spouse, parents, and children. You can receive the more detailed information in a notary bureau.

Another variant is to leave the property by a will. A will is a testator’s commitment of established form according to which the order of inheritance is established in the case of death. In this case a power of a will is directed to the future. Only in the case of a testator’s death according to the basis of the valid will legal consequences appear - a testator’s property rights and duties are transferred to an heir who had accepted inheritance. A testator can come alone to conclude a will. He has to have his identification documents, copies of heirs’ documents (or data) and ownership documents of property which will be inherited. The testator can change his will, if a situation has changed. A fee of 100 Lt is paid to a notary for certifying a will. You can receive more detailed information in a notary bureau.