The Constitutional Court of Russian Federation clarified the rules of inheritance by will.
In a case of testamentary inheritance with determination of heirs’ shares, where the applicant received 2/3 of the property and the remaining share was intended for another, previously deceased testamentary heir, the court clarified: in the absence of other heirs under the law, the share of a deceased testamentary heir does not become escheat, it shall be divided among the remaining heirs under the will, unless otherwise provided by the will. In each such case, however, the courts should examine the testator’s actual will. This Ruling eliminates legal uncertainty in similar situations, prevents the risk of assigning the property the status of escheat in the absence of a corresponding will of the testator, and also helps to restore the principle of justice towards the heirs.
