Russians can be deprived of inheritance rights even if they are named as heirs in a will, according to legal experts. This can occur due to challenges to the will in court or the existence of mandatory heirs.
Common reasons for challenging a will include the testator’s incapacity at the time of drafting, violations of the registration procedure, undue influence or fraud, and forgery. Disputes among relatives can ultimately lead to the intended heir being deprived of the property.
To prevent such challenges, especially when elderly individuals are making a will, it is recommended to obtain a medical certificate of the testator’s mental state and to video record the procedure. This can significantly reduce the risk of the will being contested later.
The law strictly dictates the procedure for creating a will. Crucially, beneficiaries should not be present during the will’s preparation or certification. For example, if a notary visits a bedridden patient and potential heirs are in the same room, the will can be challenged and deemed invalid.
There is a limited time frame to accept an inheritance. Russian law provides only six months to accept the inheritance. Failure to do so can result in the loss of inheritance rights, which can only be restored by a court with valid justification. Factors such as living in another country or lack of communication with the testator are often not considered valid reasons by the courts.
Even with a will, the law protects the rights of “mandatory heirs,” which are minor or disabled children, the spouse, and parents of the deceased. These individuals are entitled to at least half of the share they would receive in intestate succession, potentially reducing the share specified in the will for other heirs.
