Inheritance Law: Balancing the Interests of Society and the Bequeather

The development of inheritance law in Russia is invariably linked to efforts to address social issues, namely, ensuring that an inheritance can support those who are unable to work, and who depended on the bequeather during their lifetime. If a will excludes someone who may have counted on receiving an inheritance, then regardless of the bequeather’s wishes, their dependant has a right to a share of the bequest. And in instances where the bequeather did not make a will, this social role is performed by an institution. Even the institution responsible for overseeing all stages of inheritance is required by law to describe its social role. The socioeconomic upheaval which began in Russia in the late 1980s, coupled with a growing sense of individualism among economically active citizens contributed to a re-examination of inheritance law’s social role. It was against this backdrop that the legislator saw fit to change rules in inheritance law covering mandatory shares (part 5, article 1,149 of the Civil Code of the Russian Federation). Meanwhile, the academic community is continuing to critically discuss the size and nature of so-called social payments from bequests. However, the importance of inheritance law not only stems from the desire of a person to pass on their material wealth to their descendants and to provide for family members in need. Inheritance law also helps ensure that the person’s wishes are fulfilled after their life has ended. This is done through inheritance contracts and inheritance funds. Inheritance encompasses a number of factors in the public consciousness. These include transferring material wealth to descendants, supporting dependants, and exerting a posthumous influence on the behaviour of loved ones and on what happens to a person’s assets.