UNWORTHY HEIRS IN MODERN RUSSIAN INHERITANCE LAW: LEGAL ISSUES, THEORETICAL APPROACHES AND PRACTICAL IMPLEMENTATION
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Author(s): | Bolshakov A. P., |
| Number of journal: | 2(75) | Date: | June 2026 |
| Annotation: | This article examines the concept of unworthy heirs in Russian inheritance law as a mechanism for protecting the rights of bona fide heirs. It analyzes the regulatory grounds for recognizing an heir as unworthy, as well as law enforcement issues related to the interpretation of evaluative concepts. The author notes that these grounds are based on provisions of the Civil Code of the Russian Federation, including those concerning unworthy heirs, as well as the positions of the Constitutional Court of the Russian Federation and the Plenum of the Supreme Court of the Russian Federation. The author analyzes the main provisions of Russian legislation concerning unworthy heirs, conducts a comparative analysis with established practice in such cases, and cites scholarly opinions on inheritance legal relations and unworthy heirs. The article highlights the reasons for which an heir may be deemed unworthy, such as intentional harm to the testator, evasion of obligations, and other circumstances affecting inheritance capacity. Furthermore, the article examines the application of provisions regarding unworthy heirs in the Russian judicial system and offers recommendations for improving legislation in this area. The article aims to deepen understanding of the legal mechanisms protecting the interests of testators and ensuring the fair distribution of inherited property. Particular attention is paid to enforcement issues related to proving facts confirming the unworthiness of heirs, as well as the rights and interests of other heirs. Ultimately, the article aims to identify gaps and conflicts in current legislation and propose possible solutions, which, in turn, may contribute to a more fair and effective regulation of inheritance relations in Russia. The author also concludes that it is necessary to expand the list of grounds for disinheritance provided for in Article 1117 of the Civil Code of the Russian Federation in order to improve the effectiveness of this institution and eliminate gaps in legal regulation. | ||
| Keywords: | plaintiff’s claims, mechanism for removal from the right of inheritance, inheritance, unworthy heirs, legatees, transfer of property, principle of freedom of testament, potential heir, illegal actions, status of the heir |
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| For citation: | Bolshakov A. P. Unworthy heirs in modern Russian inheritance law: legal issues, theoretical approaches and practical implementation. Binzes. Obrazovanie. Pravo = Business. Education. Law. 2026;2(75):212—218. DOI: 10.25683/ VOLBI.2026.75.1598. |
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