What is Better: a Will or a Deed of Gift in Ukraine (Kyiv)
Will or deed of gift — which is safer for the owner? We break down the pros, cons, taxes, and costs of each option. Expert advice from a private notary for Kyiv and the Kyiv region.
What is Better: a Will or a Deed of Gift?
Sooner or later, property owners think about how to properly and safely transfer their real estate to children, grandchildren, or other close relatives. One of the most common questions during consultations with a private notary in Kyiv is: what is better, a will or a deed of gift (donation agreement)? Each of these options has significant pros and cons depending on your specific life situation.
The Will: Control and Security for the Owner
A will is a person's personal instruction regarding their property in the event of death. Pros: You remain the full owner of your apartment or house until the very end. You can live there, register people, rent it out, or even sell the property. The text of the will can be rewritten or canceled at the notary's office at any time.
Cons: Heirs will be able to register their ownership rights only after 6 months. In addition, there is a "mandatory share" in the inheritance for vulnerable categories of relatives by law, regardless of the will's text.
The Deed of Gift: Quick Transfer of Rights
A deed of gift (donation agreement) is an agreement by which you permanently and gratuitously transfer your property during your lifetime. Pros: The person becomes the owner instantly — right after signing the agreement and registering it in the state register. It is extremely difficult to challenge a properly drafted deed of gift in court.
Cons: By signing a deed of gift, you immediately lose all rights to your housing. You should only make such an agreement with people you trust 100%.
Taxes and Registration Costs
For residents of Kyiv and the Kyiv region, the tax rules are the same: when transferring real estate to relatives of the first and second degrees of kinship, there is no need to pay income tax and military tax (the rate is 0%). You only need to pay for the notary's services and state fees. When transferring property to distant relatives or non-relatives, taxes will be significantly higher.
Conclusion: What to Choose?
If personal safety and the guarantee of living in your own home are important to you, choose a will. If you want to quickly transfer property and avoid potential legal disputes between heirs, a deed of gift is the better choice.
Still have questions? Schedule a consultation with a private notary in Kyiv. We will help you choose the most reliable and beneficial option for you and your family! Explore also: inheritance services, notarial contracts and powers of attorney.
Frequently asked questions
Which is better — a will or a deed of gift for an apartment?
The choice depends on your priorities. A will keeps you as the full owner for life, but heirs receive the property only after 6 months. A deed of gift transfers ownership instantly, but you immediately lose all rights to the property.
Do I need to pay tax when gifting an apartment to a relative?
No. When transferring real estate to relatives of the first and second degrees of kinship (children, parents, spouses, siblings, grandchildren, and grandparents), income tax and military tax are 0%. You only pay for notary services and state fees.
Can a will be revoked or changed?
Yes. A will can be rewritten or completely revoked at a notary's office at any time during your lifetime. This makes a will a more flexible instrument compared to a deed of gift, which is practically impossible to cancel.
Kyiv notary: practical conclusions on the topic of the article
The material is based on applied practice. If your case differs from the standard one, a Kyiv notary will help you adapt the procedure to specific circumstances.
In most procedures, correct details, compliance with deadlines and the correct sequence of steps are decisive.