The principles of inheritance law in Russia closely resemble those in other countries. However, inheritance matters often hinge not on broad principles, but on the details. Moreover, current Western and Russian sanctions make the entire landscape even more complex.
Therefore, there’s good reason to examine this topic more closely.
Table of Contents
- What is the statutory regime in Russia?
- Categories of heirs
- Order of succession under the statutory regime in Russia
- Marital community property
- Forced heirship
- Table: Categories of heirs under statutory inheritance law in Russia
- Which inheritance law applies?
- Applicable law: Last residence, but exception for real estate
- What can you arrange through a will in Russia?
- When should you draft a will in Russia?
- What is most practical?
- Multiple wills as a solution for Russian inheritance law rules
- Conclusion
The Statutory Regime in Russia
Not everyone drafts a will. If you don’t draft a will, the statutory regime applies. In Russia, this looks as follows:
Statutory inheritance law in Russia takes effect when there is no will, the will is wholly or partially invalid, or when all testamentary heirs are absent or do not accept the inheritance (Art. 1111 para. 2 and Art. 1116 para. 1 sub 3 ГК РФ).
Categories of Heirs
Under the statutory regime, heirs are divided into eight categories (очереди), with each subsequent category only coming into play when the preceding one is entirely absent (Art. 1141 para. 2 ГК РФ). Within each category, the inheritance is divided equally (Art. 1141 para. 1 ГК РФ). In cases of representation, the children of a previously deceased heir inherit that person’s share (Art. 1146 ГК РФ).
Order of Succession Under the Statutory Regime in Russia
Article 1141, paragraph 2 of the Russian Civil Code (ГК РФ): “Наследники каждой последующей очереди призываются к наследованию при отсутствии наследников предшествующей очереди…”
“Heirs of each subsequent class are called to inheritance in the absence of heirs from the preceding class…”
Marital Community Property
When someone within a married couple dies, the surviving spouse retains half of the community property, which does not fall within the estate (Art. 256 ГК РФ) and is an heir in the first category under the statutory regime (Art. 1142 ГК РФ).
Forced Heirship
It is not always possible to deviate from the statutory regime.
Vulnerable heirs, such as minors or disabled persons, retain the right to a forced share of at least 50% of their statutory portion, even when there is a will (Art. 1149 ГК РФ). If no one remains from all eight heir categories, the inheritance escheats to the Russian Federation (Art. 1151 ГК РФ).
Russia recognizes the following categories of heirs:
Table: Categories of Heirs Under Statutory Inheritance Law in Russia
| No. | Category of Heirs | Article ГК РФ | Who falls under this? | Special features |
|---|---|---|---|---|
| 1 | First category | Art. 1142 ГК РФ | Spouse, children (incl. adopted), parents (incl. adoptive parents) | Children of deceased child inherit by representation |
| 2 | Second category | Art. 1143 ГК РФ | Brothers and sisters (full and half), grandparents (paternal and maternal) | Here too: representation possible by children of deceased brother/sister |
| 3 | Third category | Art. 1144 ГК РФ | Uncles and aunts | Nephews/nieces do not inherit by representation |
| 4 | Fourth category | Art. 1145 para. 1 ГК РФ | Great-grandparents | Both paternal and maternal |
| 5 | Fifth category | Art. 1145 para. 2 ГК РФ | Great-nephews, great-nieces, great-grandchildren of brothers/sisters, great-grandchildren of grandparents | Deep line of relationship; rarely occurs |
| 6 | Sixth category | Art. 1145 para. 3 ГК РФ | Uncles and aunts of the decedent’s parents (great-uncles and great-aunts) | Only in absence of all previous categories |
| 7 | Seventh category | Art. 1146 ГК РФ | Persons who cohabited and were financially dependent on the decedent, even without family ties | Must have lived together for at least 1 year before death |
| 8 | Eighth category | Art. 1147 ГК РФ | All others: non-relatives, if no one else exists | Only apply if none of the earlier categories are applicable |
Which Inheritance Law Applies?
What if you live in Russia as a foreigner? Which inheritance law applies then?
Applicable Law: Last Residence, but Exception for Real Estate
As an important principle, Russian inheritance law applies the law of the last residence. This rule determines that the law of the country where the decedent had their last residence applies.
This applies both to the statutory regime applicable to an inheritance (i.e., when no will has been drafted), Article 1224 paragraph 1 of the Civil Code, and to which law regulates under what conditions someone may draft and revoke a will, Article 1224 paragraph 2 of the Civil Code.
So if a Russian had their last residence in a country where there is no requirement that a will must be notarially authenticated, according to Russian law this will must be recognized. However, if they had their last residence in Russia or in another country where notarial authentication is not required, this will would be declared invalid.
Inheritance of Real Estate
This same article also stipulates that inheritance of real estate is governed by the law of the country where this real estate is located.
What Can You Arrange Through a Will in Russia?
Testamentary Freedom and Material Limitations in Russian Inheritance Law
Russian inheritance law recognizes the principle of “testamentary freedom,” giving testators extensive possibilities to deviate from the statutory inheritance regime. A testator can largely distribute their assets at their own discretion by:
- Designating heirs who do not belong to the statutory heirs
- Distributing inheritance shares as desired or granting heirs equal shares if no shares are specified
- Completely disinheriting statutory heirs
- Including specific testamentary provisions such as:
- Substitution (appointment of substitute heirs)
- Legacies
- Appointment of an executor
- Leaving assets to various entities such as legal persons, government institutions, or international organizations
- Including future possessions in the will
- Changing or revoking the will at any time without giving reasons
This extensive testamentary freedom is, however, limited by important material restrictions:
- Forced share (обязательная доля): Certain categories of vulnerable heirs are entitled to at least half of what they would receive under statutory succession, regardless of the will’s contents
- Constitutional rights: The will may not contain provisions that limit constitutionally guaranteed rights (free choice of profession, residence, marriage partner)
- Personal rights: Rights inseparably connected to the person cannot be transferred testamentarily
- Specific goods: Special rules apply to certain items (goods with limited transferability, intellectual property rights)
While testamentary freedom is thus considerable, these material limitations ensure that vulnerable persons are protected and fundamental rights are respected.
Formal Requirements for Wills Under Russian Inheritance Law
In Russia, a will is a strictly formal legal act where failure to comply with formal requirements leads to nullity. Russian law places extensive demands on the creation of wills to ensure legal certainty and authenticity.
For ordinary wills, the following main requirements apply:
- Written form and notarial authentication: The will must be drafted in writing and notarially authenticated, with non-compliance leading to nullity
- Full legal capacity: The testator must be fully legally capable at the time of drafting, which is verified by the notary
- One person per will: In principle, a will may only contain provisions from one person. An exception to this is the joint will of spouses (совместное завещание супругов), where both partners can together make testamentary provisions regarding their community property and individual possessions
- Place and date: These must be stated on the will
- Signature: The will must be signed by hand by the testator in the presence of the notary
Additional procedural requirements include reading the will by the testator (or reading aloud by the notary in case of illiteracy or physical impairments), presence of a translator if necessary, and the possibility of a signatory when the testator is physically unable to sign personally. The notary is obligated to warn the testator about the right to a forced share for certain heirs.
Special Forms of Wills
Russian law recognizes various specific forms of wills with their own formal requirements:
- Sealed will: Must be handwritten and personally signed, handed over sealed to the notary in the presence of two witnesses
- Wills equivalent to notarial: Can be authenticated by other officials in exceptional circumstances (chief physicians, ship captains, military commanders)
- Will in extraordinary circumstances: Permitted in life-threatening situations, must be handwritten in the presence of two witnesses and only gains validity after judicial confirmation
- Joint will of spouses: Allowed since 2019, requires presence of both spouses at the notary and usually video recording
These strict formal requirements reflect the importance that Russian law places on the authentic expression of the testator’s will and protection against abuse.
Verification of Legal Capacity by Russian Notaries
When authenticating a will, Russian notaries are legally obligated to verify the legal capacity (дееспособность) of the testator, since only persons with full legal capacity are entitled to draft a will. This verification follows a structured approach where the notary first:
- Establishes identity and age: Full legal capacity is normally acquired in Russia at age 18, although this can occur earlier through emancipation or marriage
- Conducts an extensive conversation: The notary analyzes the testator’s behavior and evaluates their responses to questions to determine whether the person is able to understand the meaning of their actions, control them, and oversee their legal consequences
If the notary has doubts about legal capacity – for example due to illness or intoxication – they have the right to postpone the notarial act and take additional measures. This may involve requesting information from the Unified State Register of Real Estate to check any court decisions regarding incapacitation, or suggesting submission of additional documents such as an expert report on legal capacity.
When the notary concludes after this verification procedure that the testator is unable to understand or control their actions, they must refuse to perform the notarial act, because the will would then not meet legal requirements and would not reflect the testator’s true intentions. This assessment remains critically important, since a will can be challenged in court even without formal incapacitation if it is proven that the testator was not legally capable at the time of signing.
When Should You Draft a Will in Russia?
If you plan to spend your final years in Russia and want to deviate from the distribution under the statutory regime, or if you have real estate in Russia for which you want to deviate from the statutory regime distribution, you must draft a will.
What Is Most Practical?
If you plan to live your final years in Russia, it is most practical to draft your will in Russia.
If you don’t live in Russia but have real estate in Russia, you can include provisions regarding this Russian real estate in your foreign will.
Multiple Wills as a Solution for Russian Inheritance Law Rules
In international estate planning with Russian assets, there is strong emphasis on asset-specific wills.
Automatic Revocation Under Article 1130
According to Article 1130 of the Russian Civil Code, a system of automatic revocation applies: a later will automatically destroys an earlier will, wholly or partially, sometimes even without the testator intending this. Therefore, general co-existence or non-conflict clauses sometimes have no effect in Russia.
Multiple Will Strategy
Therefore, it is sometimes recommended not to use a global will, but to draft a separate will for each country. In that Russian will, it would then clearly state that it only applies to goods located in Russia and that wills for other countries remain unaffected.
The core of this is that each will contains a territorial demarcation, for example:
- “This will applies exclusively to assets located in Russia.”
- “This will does not revoke earlier wills that relate to goods outside Russia.”
This way, you prevent a Russian will from unintentionally invalidating a foreign will or vice versa.
This approach requires careful identification of the relevant assets, but in practice provides the same protection as a formal non-conflict clause. Russian judges often apply an intention-oriented approach: if the territorial boundaries of the different wills are clear, they respect the testator’s intention.
Thus, despite strict Russian rules, a workable system emerges for properly coordinating international estates.
Conclusion
Russian inheritance law appears familiar in broad strokes, but the details make it complicated. From heir categories to forced heirship rules, from recognition of foreign wills to strict formal requirements: pitfalls exist everywhere. Combine this with international aspects and sanctions, and it quickly becomes overwhelming. Van Rhijn Legal & Property helps you create order, ensuring your estate is also correctly and efficiently arranged in Russia.
You can also listen to this discussion in the Van Rhijn Legal & Property Podcast on YouTube:
