Short answer: a joint will of spouses and an inheritance contract are different legal instruments. Bankruptcy does not cancel either one automatically, but it can affect how existing property, rights that have already arisen, and contractual obligations are dealt with.
Two instruments, different effects
A joint will lets spouses make coordinated testamentary dispositions. An inheritance contract sets the succession arrangements by agreement and may impose obligations on its parties. The document, the parties’ roles and the timing of the relevant events must be checked separately.
Joint will of spouses
A joint will expresses the spouses’ instructions about succession after death. It is not a present transfer of the spouses’ property to a future heir. While both spouses are alive, their existing property rights and any bankruptcy restrictions are determined under the applicable property and insolvency rules, not by the joint will alone.
The content and legal effect of a joint will are governed by the Civil Code. It may be revoked or amended in the statutory manner, and divorce or the invalidity of marriage can affect it. A bankruptcy case does not replace the required notarial or court procedure for those issues.
Inheritance contract
An inheritance contract may determine who will inherit after the death of the estate owner and may contain obligations for parties to perform. It should not be treated as a simple promise of future ownership: its terms, the parties’ conduct and the rules of the Civil Code matter. The estate owner generally retains the right to deal with their property during life, subject to statutory limits and the agreement.
If a party to the contract is in bankruptcy, the financial manager and the court may need to assess the contract, payments, existing claims and any asset already owned by the debtor. Whether a particular obligation remains enforceable, changes character in the bankruptcy case or is subject to another rule depends on the agreement and the facts; it cannot be determined from the label of the contract alone.
If inheritance opens during a bankruptcy case
A mere expectation of inheritance is not the same as an asset already owned by the debtor. When the estate opens and an inheritance right or asset arises, the consequences must be assessed in the ongoing bankruptcy procedure. Property that enters the debtor’s estate may be included in the bankruptcy estate unless a legal exclusion applies.
Do not make or document a decision on accepting, refusing or disposing of inherited property without checking the stage of the bankruptcy case and the financial manager’s powers. The Supreme Court’s practice confirms that inheritance-related issues are resolved with attention to the particular estate and statutory protections.
Practical checklist
- Identify whether the document is a joint will, inheritance contract, or both instruments in different circumstances.
- Obtain the notarised document, amendments, property-title records and proof of any performance under the contract.
- Separate existing debtor property from a potential future inheritance.
- Disclose any relevant asset, right or payment to the financial manager where a bankruptcy case is pending.
- Before changing the document or taking inheritance-related action, obtain advice based on the agreement and court orders in the case.
Official sources
- Civil Code of the Russian Federation, Articles 1118 and 1140.1.
- Federal Law No. 127-FZ on Insolvency (Bankruptcy), Article 213.25.
- Supreme Court Review of Practice in Citizens’ Bankruptcy Cases, 18 June 2025.
Questions about succession planning and bankruptcy?
An initial consultation can help identify which documents and bankruptcy-stage questions need to be checked. The outcome depends on the agreement, the property and the case materials.