Updated July 2026. Since 1 June 2019, Russian law has allowed spouses to make a joint will and has also recognised inheritance contracts. These instruments solve different planning problems. A joint will records the coordinated testamentary wishes of married spouses; an inheritance contract is an agreement between a future testator and one or more persons who may be called to inherit.
Joint Wills and Inheritance Contracts in Russia: Key Differences
What is a joint will of spouses?
Article 1118 of the Civil Code of the Russian Federation permits spouses in a registered marriage to make one joint will. Unmarried partners, relatives or business partners cannot use this form. The spouses may determine the consequences of the death of either spouse, including the order in which they die.
A joint will may identify heirs, allocate shares, disinherit persons who would otherwise inherit by law, include testamentary refusals or assignments, and address the treatment of jointly owned and separately owned property. The statutory rights of mandatory heirs and other protective rules still apply.
Form and notarisation
The spouses must act personally before a notary. Representation by power of attorney is not available for making a will. The notary verifies identity, legal capacity, marriage status and free expression of will. The procedure is generally video-recorded unless the spouses object in the manner allowed by law.
What happens if the marriage ends?
A joint will loses force if the marriage is dissolved or declared invalid, including where the relevant event is legally established after one spouse’s death. A later personal will or cancellation by a spouse may also affect the joint plan. The notary must follow the statutory notification procedure, so the documents and chronology should be reviewed together.
What is an inheritance contract?
Article 1140.1 allows a future testator to conclude a notarised inheritance contract with one or more persons who may be called to inherit. The parties need not be married or related. The contract can determine who receives estate property and on what lawful terms, appoint an executor, and include testamentary refusals or assignments.
Unlike a will, the other parties participate in the agreement and know its contents. The contract may impose lawful property or non-property duties and may make inheritance consequences depend on circumstances existing when the inheritance opens, provided the conditions do not contradict the law.
The owner remains free to deal with property
During life, the owner generally remains free to dispose of property even if this deprives a prospective heir under the inheritance contract of the expected asset. The contract does not by itself freeze the estate or create a present ownership right for the future heir. If asset preservation is important, the plan requires separate risk analysis.
Withdrawal, amendment and termination
An inheritance contract can be amended or terminated by agreement and, in statutory cases, by a court. The future testator may withdraw unilaterally through a notarised notice to all parties, but may have to compensate losses connected with performance of the contract. The exact consequences depend on the text, prior performance and the parties involved.
Joint will, inheritance contract or individual will?
| Question | Joint will | Inheritance contract | Individual will |
|---|---|---|---|
| Who can use it? | Only spouses in a registered marriage | A future testator and persons who may inherit | One individual testator |
| Do future heirs know the terms? | Not necessarily | Yes, contracting parties know and accept the terms | Not necessarily |
| Can obligations be imposed? | Testamentary refusals and assignments | Broader lawful contractual duties may be included | Testamentary refusals and assignments |
| Effect of divorce | The joint will loses force | Depends on the parties, terms and legal grounds | Requires separate review; divorce does not automatically solve every succession issue |
| Notarial form | Required | Required | Usually required, subject to narrow statutory exceptions |
| Mandatory share | Protected by law | Protected by law | Protected by law |
What each instrument can address
| Planning objective | Points to examine |
|---|---|
| Keep a home with the surviving spouse | Marital property regime, mandatory heirs, mortgages, residence rights and the sequence of deaths |
| Children from earlier relationships | Separate and common property, substitute heirs, mandatory shares and conflict between documents |
| Transfer a business | Company charter restrictions, corporate approvals, management continuity and prevention of fragmented ownership |
| Support a dependent person | Testamentary refusal, right of use, maintenance obligations, duration and enforcement |
| Assets abroad | Applicable law, local probate procedure, recognition of form, tax and whether a separate foreign will is advisable |
Limits that cannot be ignored
Mandatory-share heirs
Minor or disabled children, a disabled spouse or parents, and disabled dependants may have a mandatory-share claim under Article 1149. Their rights can reduce what other beneficiaries receive, even where a carefully drafted joint will or inheritance contract exists.
Marital and third-party property rights
A succession instrument cannot validly transfer property the testator does not own. Before drafting, spouses should identify common property, each spouse’s separate property, encumbrances, corporate rights and assets held with third parties.
Several documents covering the same asset
Multiple wills, contracts and marital agreements can produce conflicts. The dates, parties, assets and statutory priority rules must be mapped before signing. In particular, an inheritance contract and a later disposition should not be assumed to cancel each other automatically.
Practical warning: a short phrase such as “all property to the surviving spouse” may not address substitute heirs, simultaneous death, mandatory shares, business management or what happens if an asset is sold during life.
A practical preparation checklist
- Prepare a complete asset and debt list, including foreign assets and digital rights.
- Separate marital property from each spouse’s personal property.
- Identify heirs who may claim a mandatory share.
- Model the death of each spouse first, simultaneous death and the later death of the survivor.
- Check earlier wills, marital agreements, company charters and beneficiary designations.
- Decide whether beneficiaries should know and accept obligations now.
- Ask the notary to explain amendment, withdrawal, notification and confidentiality rules.
- Review the plan after divorce, birth, disability, acquisition or sale of major assets, or relocation abroad.
Frequently asked questions
Can unmarried partners make a joint will?
No. Russian joint wills are available only to spouses in a registered marriage. Partners may make separate wills or consider an inheritance contract, subject to individual advice.
Can one spouse cancel a joint will?
Russian law allows a spouse to cancel the joint will during both spouses’ lifetimes and to make a subsequent personal will. The notarial notification and the effect on the coordinated plan should be reviewed before action is taken.
Does an inheritance contract prevent the owner from selling an asset?
Generally, no. The prospective heir does not receive present ownership merely by signing the contract. The owner’s later disposal of the asset may leave nothing to transfer under that provision.
Can a joint will eliminate a mandatory share?
No. Mandatory-share rules remain applicable. Their calculation depends on the estate, family status and the eligible person’s circumstances when the inheritance opens.
Which instrument is better for a family business?
There is no universal answer. The plan must coordinate succession law with the company charter, corporate approvals, management arrangements, marital property and liquidity for debts or mandatory-share claims.
Official sources
- Federal Law No. 217-FZ of 19 July 2018 — introduced joint wills and inheritance contracts from 1 June 2019.
- Official Internet Portal of Legal Information — Civil Code Articles 1118, 1140.1 and 1149.
- Federal Notarial Chamber: joint wills of spouses — practical explanation of the notarial instrument.
Related materials
- Inheritance under a will in Russia
- Challenging a will in Russia
- What to do after missing the inheritance deadline
Need a coordinated inheritance plan?
A paid initial consultation can identify conflicts between marital property, mandatory shares, company documents and existing wills before you meet the notary.