On the question of the relationship between a will and an inheritance contract in Russian inheritance law

Ryabova Olga Alekseevna, Kuznetsova Natalia Vladimirovna

The purpose of this article is to consider and analyze the legal essence of the inheritance contract in the context of the correlation of the norms governing the possibility of simultaneously concluding an inheritance contract and making a will that contradict each other. The authors point out that there are no limits and prohibitions in the legislation regarding these actions of the testator. The main idea of the authors is that the Russian model of the inheritance contract is, in fact, a kind of will, which oppresses the legal essence of the inheritance contract. This, in turn, creates a lot of problems, since there is no correlation between a will and an inheritance contract in Russian law. The presence of such a gap in the legislation represents the occurrence of conflicts in law enforcement. As one of the possible solutions to this problem, the authors propose to proceed from the differentiation of the will and the inheritance contract, as well as a serious legislative addition to the norms on the inheritance contract. The authors also point to the fact that the current norms concerning this legislative aspect can form a variety of judicial practice, which will entail even greater unpopularity of this institution of inheritance law.

Keywords:inheritance, will, inheritance contract, rights and obligations of participants in civil turnover.