Concept
Since June 1, 2019, Russia has introduced two instruments that bring inheritance law closer to Western practices: the inheritance contract and the joint will of spouses. Both offer more flexibility than the classic unilateral will.
🍓 An inheritance contract is a bilateral agreement between the testator and the heir, which may include conditions; a joint will of spouses records their common intent. Both have been available in Russia since 2019.
Inheritance Contract
Unlike a will, this is a bilateral transaction: the testator and the future heir agree on the terms of property transfer, including reciprocal obligations of the heir—for example, to support someone or preserve an asset. The contract is notarized.
Flexibility and Risks
During their lifetime, the testator retains the right to dispose of the property and may even unilaterally withdraw from the contract, compensating the other party for damages. This is a powerful but delicate instrument: conditions must be drafted precisely, otherwise they themselves become a source of disputes.
Joint Will of Spouses
Spouses may execute a single joint will, determining the fate of both joint and personal property of each and the order of transfer upon the death of each of them. This is convenient for a coordinated family plan, but it loses force upon divorce and may be revoked by either spouse.
⚙️ Neither the inheritance contract nor the joint will abolish the forced share (Article 1149 of the Civil Code of the Russian Federation)—it still takes priority.
What to Choose
🔗 Related
Personal and Inheritance Foundation · Intestate Succession in Russia · Forced Share and Forced Heirship · Wills in Multiple Jurisdictions
A will is a simple unilateral instrument; an inheritance contract is for situations requiring conditions and reciprocal obligations; a joint will is for the coordinated intent of spouses. For large estates, they are often combined with a personal or inheritance foundation.
This material is for informational purposes only and does not constitute individual legal advice.
Key factual claims
- Since June 1, 2019, Russia has introduced two instruments that bring inheritance law closer to Western practices: the inheritance contract and the joint will of spouses.
- Related links: Personal and Inheritance Foundation · Intestate Succession in Russia · Forced Share and Forced Heirship · Wills in Multiple Jurisdictions