To the question of the grounds for reducing and refusing to award a mandatory share in the inheritance

Gudkov A. I., Krasilschikov A. V., Mishchenko V. I.

The issues discussed in this article concerning the problematic aspects of the mandatory share in the inheritance are of particular relevance in modern conditions. In many cases, the inheritance of this share can improve or maintain the financial situation of the heirs, especially the disabled. In this regard, the article examines the law enforcement practice, the positions of scientists set forth in the legal literature. Based on the analysis of the mandatory share in the inheritance, the grounds provided for by the civil law for its reduction and refusal to award, conclusions are drawn with the aim of improving the Civil Code of the Russian Federation and aimed at ensuring uniformity of judicial practice. In particular, the authors propose additions to the current edition of Art. 1149 of the Civil Code of the Russian Federation, stipulating in it a provision that the court has the right to consider the property status of heirs with the right to an obligatory share. At the same time, it should be clarified that they have their own property, their participation in the formation of common property with the testator, their joint use, the duration of the marriage, as well as other circumstances. And only guided by the data received, make a decision to reduce the size of the mandatory share or refuse to award it.

Keywords:inheritance, share, refusal, award, property, contract, spouse, parents, inheritance, protection, inheritance Fund.