Planning your wills and estate in Russia

In Russia and in so many countries wills are made to protect the assets of the foreigner and their wishes because inheritance laws are not always do that also. For this reason, expats in Russia or those who have a property in Russia must think about writing a will. On the official data, people are created 533 200 wills in 2024 year. If the foreign will comply with national standards, then it is recognized in Russia. But you will have to pay for a foreign will to be translated or wait for a court decision. So, wills in Russia will go a long way.

In this guide we are going to explain you the different types of wills and how to make a Russian will.

• Estates and wills in Russia
• Inheritance law in Russia
• Inheritance law on pensions in Russia
• Applicable foreign inheritance laws in Russia
• Wills in Russia
• Types of Russian wills
• How to write wills in Russia
• Joint wills in Russia
• Rejecting assets and contesting a will in Russia
• Conditions for contesting a will in Russia
• Unclaimed inheritance in Russia
• Gifts before death
• Executing wills in Russia
• Getting your estate valued in Russia
• Inheritance tax in Russia
• Estate tax treaties
• Tips on planning your estate in Russia

Estates and wills in Russia

Expats thinking about their legacy are generally advised to formulate a Russian will. Without such a document, your property will be distributed in line with default inheritance laws. These rules enshrine the rights of heirs in a particular order.

Making a Russian will is not a complicated process and it should be notarized to be valid in court.

First of all, you need to hire a lawyer on inheritance law to divide your assets in Russia. Your estate consists of movable and immovable estate like real estate in Russia and other countries, trusts, Russian pensions and so many others.

Inheritance law in Russia

Foreigners without wills in Russia are expected to have their estate divided on local inheritance laws. They cover all residents and non-residents who have a property in Russia.

Forced heirship rules apply to the deceased’s spouse, children, parents, and disabled dependents. The law also considers joint matrimonial property as the standard. Therefore, the surviving spouse automatically retains 50% of all assets upon death.

A notary may open estate proceedings in the event that there are no disputes, and award inheritance certificates in accordance with Russian law.

When there is no lawful heir, the estate passes to the Russian government.

Inheritance law on pensions in Russia

If the deceased was receiving a Russian pension, some family members may be entitled to claim a survivor’s pension. There are several types of survivors’ pensions in Russia.

Applicable foreign inheritance laws in Russia

For foreigners, foreign inheritance law is important to divide the estate of expat. Russian inheritance law determines rights to property in Russia. Sometimes a national inheritance law may be used. If someone in Russia has immovable property abroad then Russian laws will determine how it is divided.

So, the inheritance law of the deceased’s last place of residence covers the division of movable property.

Wills in Russia

Foreigners should not make a Russian will in Russia although doing this is so good. So, wills in Russia are needed for foreigners who do not want to divide their assets according to local succession rules.

Indeed, as for the foreigners Russian wills are capable to use an individual’s worldwide assets.

A Russian will and a will made in your own country exist on Russian inheritance law and one will doesn’t accidentally revoke or negate the other. If you are planning this please consult with a lawyer. Official notaries will be members of the Federal Notary Chamber.

Types of Russian wills

There are two main types of Russian will:

• Standard notarial wills: The testator with Russian notary drafts such this kind of Russian will. The notary then registers the will. Notarial wills can be either handwritten or typed. A witness may be present if the testator so wishes.

• Closed wills: The testator drafts and signs the will personaly and then gives it to a notary in front of witnesses. There are specific procedures on the validity of closed wills.

After the death of the testator, a notary opens the will in front of two witnesses. Emergency wills are possible in Russia under extraordinary circumstances. Emergency wills are circumstances where the testator is in a life-threatening situation and may not survive to make a normal will. Wills of this kind are handwritten and signed in front of two witnesses. Should the testator survive the life-threatening situation, the will becomes invalid within a month of the situation’s end. It is possible to revoke or change existing wills in Russia at any time.  There are two methods to do that. Firstly, they can write a new will. Alternatively, they may just cancel an existing will.

A normal will drawn up before can not cancel an emergency created under extraordinary circumstances. If you have an existing will , such document will not be valid.

How to write wills in Russia

Making a will in Russia is a determined process. So, common rules of writing Russian will include the following:

• The testator should make a will in Russia, then sign it and have the date and place.

• People who can not be the witnesses to Russian wills are the notary, beneficiaries, minors, illiterate persons or anyone who is not able to understand the nature of the event.

If there is no witness for the important parts Russian will is becoming unvalid.

Russian wills can be:

• Handwritten;
• typed by the testator;
• typed by the notary acting on the testator’s instructions.

If a notary writes the will, the testator has to read it back to the notary before signing it.

A witness can be present if the testator wishes. The witness will also sign the will.

Once the will has been written and signed, the notary will register the will in Russia.

Closed will

    Closed wills in Russia are drawn up in private by the testator. They must be handwritten and signed.

The testator seals the will in an envelope and gives it to a notary in the presence of two witnesses. The witnesses sign the envelope and the notary then places it inside another envelope.

The notary adds an annotation detailing the date and place, along with personal details of the two witnesses.

Following the death of the testator, a notary opens the will in front of two witnesses.

Joint wills in Russia

As of June 2024, it has become possible for married couples in Russia to make a joint will.

The main difference between joint and individual wills in Russia is that spouses can establish the legal consequences of their will, depending on the order of deaths. In addition, they may determine their heirs in various ways.

It is not complicated to cancel a joint will in Russia. And two circumstances maybe applied. First of all, this will may be present on a divorce in Russia. Then a spouse may also leave such personal will.

Rejecting assets and contesting a will in Russia

Heirs named in Russian wills may accept or cancel their inheritance. Acceptance must exist within six months of the opening of inheritance. The heirs of the deceased should get an inheritance certificate from the notary. And a local representative may be authorized a foreign heir to accept an inheritance on their behalf.

Article 166 of the Civil Code determines contesting Russian wills. In order to challenge a will, the document must violate the claimant’s legitimate interests. What is more, claimants must immediately approach a Russian court located in the place of opening of the succession upon a person’s death.

But Russian courts do not accept general dissatisfaction with the conditions of the will and do not accept that an heir is not among the list of beneficiaries.

Conditions for contesting a will in Russia

In practice, courts recognize certain grounds when wills in Russia are contested:

• the testator was not in control of their actions when making the will;
• if the testator was not aware of the consequences of their actions at the time of making the will;
• the testator wrote the will under duress, including the influence of psychological, physical, and financial pressure;
• mental – but not legal – incapacity at the time of signing the will.

Due to some circumstances the testament may be unconditionally invalid like :

• absence of a signature;
• content that may violate legal norms.

Russian courts will only entertain contests and claims against foreigners’ property in two cases:

• if the deceased lived within Russia;
• if the property in question lies within Russia.

Creditors and heirs are advised to consult a lawyer before launching any inheritance contests in Russia.

Unclaimed inheritance in Russia

Estate passes to the Russian state in three cases:

• If an inheritance remains unclaimed;
• if there are no heirs;
• if all the beneficiaries reject it.

Gifts before death

With no inheritance taxes in Russia, there are no obvious tax advantages to gifting property within one’s lifetime. Similarly, gifts from family members or close relatives are exempt from these taxes. Such family members are grandparents, grandchildren, and half-siblings.

Non-family members must pay personal income taxes in Russia on gifts of real estate, vehicles or shares in listed and unlisted companies.

Executing wills in Russia

Russian inheritance law does not require the appointment of an executor, but testators may do so in their Russian wills. If no executor is appointed, the notary will administer the estate.

An heir or other person may also claim to be the executor of a will in Russia. A person may be recognized as the executor of a will if, within one month from the date of opening of the inheritance, he or she has actually begun to execute the will. Such an executor may be released from his or her duties by the court.

Executors of wills in Russia have a number of duties defined by the Civil Code, including the protection of the inheritance and its management in the interests of the heirs.

The inheritance passes to the heirs jointly immediately after the death of the testator. Thus, the heirs can use and dispose of the inheritance from the day of opening of the inheritance. In case of violation, you can contact a notary at the place of opening of the inheritance to protect the rights of the heir.

Getting your estate valued in Russia

Before drafting a Russian will, it is advisable to have your assets appraised. Your assets will include movable and immovable property, such as Russian real estate, investments, Russian pensions, Russian bank accounts, cars and more. Russian inheritance lawyers can help you find an appraiser to assess your assets.

Inheritance tax in Russia

Russia has not levied inheritance taxes since 2006, regardless of the deceased’s residency status. However, heirs may be required to pay income tax on certain types of gifts. In addition, land and property taxes apply to any inherited property, such as real estate or vehicles in Russia.

Estate tax treaties

There are currently no agreements between the Russian Federation and other countries on the avoidance of double taxation of property.

Tips on planning your estate in Russia

Inheritance laws in Russia are fairly straightforward. But if you want to preserve your assets for your heirs, it’s best to consult with a lawyer about drafting a will and other professional matters. Expats in particular will need to think about assets outside of Russia and how they want those assets valued and distributed.