Wills and Succession Planning in Russia

A Russian will is valid only in the forms listed in the Civil Code, and in most cases it must be certified by a notary. Freedom of testation is broad but not absolute: close relatives who depend on the testator keep a mandatory share. Since 2019, Russian law has added joint wills of spouses and inheritance contracts to the planning toolkit.

Attorney Elena Petrova helps clients with assets in Russia and abroad plan succession so that heirs avoid disputes and long delays. This guide explains the tools and how to combine them.

Forms of a Valid Will

The standard form is a notarial will. The testator states the content, the notary records it, reads it out and certifies the document. The will is entered into the unified notarial register, so heirs can find it after death.

A closed will is written by the testator personally and handed to a notary in a sealed envelope in the presence of two witnesses. Nobody knows its content until it is opened after death. A simple written will signed before two witnesses is allowed only in an emergency threatening life, and it loses force if not replaced by a notarial will within one month after the emergency ends.

Joint Wills of Spouses

Spouses may make one joint will. It can set the order of inheritance of common and personal property, including the share of each spouse. The joint will ceases on divorce or annulment of the marriage, and each spouse may revoke it alone while alive.

Mandatory Shares of Close Relatives

Certain heirs receive a share regardless of the will. These are minor or disabled children, a disabled spouse and parents, and disabled dependants. Each receives at least half of what would be due to them under the rules of intestate succession.

The court may reduce or deny a mandatory share if the heir never used the property and it was the main source of income for another heir. Planning must therefore start with a list of persons who could claim such a share.

Inheritance Contracts

An inheritance contract is signed with potential heirs and certified by a notary. It can impose duties on heirs, such as paying debts or caring for a relative, and the terms remain confidential until the contract takes effect. It does not override mandatory shares.

Inheritance Funds for Business Owners

An inheritance fund is a legal entity set up after death according to the will. It manages assets, often a business, under rules written by the testator. It suits owners who want to prevent the break-up of a company among several heirs.

Assets Abroad and Choice of Law

As a rule, inheritance follows the law of the country of the testator's last residence. Real estate in Russia is inherited under Russian law in any case. A testator may choose the law of the country of citizenship in the will, which can simplify matters for foreign nationals.

A foreign will may be recognized in Russia if it complies with the law of the place where it was made. Separate wills for Russian and foreign assets, drafted in coordination, often work better than one document.

Practical Tips for Planning

Keep title documents in order and update the will after marriage, divorce or the purchase of major assets. Name an executor and a backup. Consider testamentary refusals, such as a right to live in a flat, to protect a partner. Tell heirs where to find documents.

We draft wills, joint wills and inheritance contracts, and coordinate with foreign counsel.

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