Will vs Inheritance Contract in Russia

Since 2019, a Russian owner can plan the transfer of property after death in two ways. A will (zaveshchanie) is a one-sided order that the testator may rewrite at any time. An inheritance contract (nasledstvenny dogovor) is an agreement with future heirs, who can take on duties in exchange for the property. The first gives freedom, the second gives the heirs certainty.

Attorney Elena Petrova advises owners of Russian property who live in California and other countries on which instrument suits their family and assets.

How Each Instrument Works

A will is a unilateral transaction under the Civil Code. The testator decides alone who receives what and does not need the heirs' consent or even their knowledge. Spouses may also sign a joint will, which ceases to apply if the marriage ends.

An inheritance contract is signed by the future deceased and one or more future heirs. Its terms decide who inherits which property, and it may oblige heirs to act: to care for the owner, pay a relative's expenses or keep a family business running. It takes effect only on the opening of the inheritance, just like a will.

Flexibility and Control Over Assets

The testator keeps full control in both cases. The owner may sell, give away or mortgage the property during their lifetime, and neither a will nor a contract prevents that. If the asset is gone at death, the heir receives nothing in its place.

A will can be changed or replaced as often as needed. A contract binds the parties to terms agreed together, and the heirs may rely on it when they spend money or time performing their duties. That makes it useful when the owner wants care in old age or wants a relative to invest in a property now.

Protected Shares That Override Both

Neither instrument can fully exclude people entitled to an obligatory share. These include minor or disabled children, a disabled spouse and parents, and disabled dependants. They receive at least half of what they would inherit by law. A court may reduce the share if it would deprive another heir of a home or a source of livelihood they used.

Formalities and Costs

Notarial fees for both are set by federal tariffs and the notary's charges for technical services. A contract usually costs more, since the notary must verify every party and record the signing. Russians abroad can sign a will at a Russian consulate.

Revoking or Changing Your Plan

A will is revoked by a new will or by a notarised order of revocation. No reasons are needed, and the heirs are not informed.

The owner may withdraw from an inheritance contract unilaterally, but must notify all parties through a notary and compensate the losses they incurred while performing the contract. The contract can also be amended or terminated by agreement of all parties while the owner is alive.

Challenges After Death

Both documents can be contested in court. A will is usually challenged on the ground that the testator did not understand their actions. An inheritance contract adds the risk that heirs will dispute performance of the obligations. Clear wording and medical evidence of capacity at signing reduce both risks.

Choosing Between the Two

A will suits an owner who wants maximum freedom and privacy. A contract suits a situation where something is expected from the heirs in return. Heirs must still accept the inheritance within six months of death in both cases, usually by applying to a Russian notary.

The main channel of communication with the attorney is email: attorneypetrova1@gmail.com.