Open AccessJoint will and testament of spouses as a new institute in the inheritance law of Russia
Author(s) -
E.A. Mamay,
Ekaterina Mamay
Publication year - 2020
Publication title -
ûridičeskaâ nauka i praktika
Language(s) - English
Resource type - Journals
ISSN - 2078-5356
DOI - 10.36511/2078-5356-2020-2-84-88
Subject(s) - inheritance (genetic algorithm) , de facto , joint (building) , legislation , property (philosophy) , law , state (computer science) , institution , field (mathematics) , political science , sociology , law and economics , engineering , computer science , philosophy , architectural engineering , biochemistry , chemistry , mathematics , epistemology , algorithm , pure mathematics , gene
This article is devoted to the benefits and limitations of joint wills of spouses as a new institution in the Inheritance Law of Russia. According to new rules effective since June 1, 2019 married couples can state their preferences about how their estates should be handled after their deaths. Joint wills and testaments legalize de facto existing relations between married couples who prefer to distribute their marital property between heirs. At the same time the essence of the joint will has very separate specificity which is not regulated in proper way by current legislation. The purpose of the paper is to identify problems and peculiarities, analysis and develop proposals for further improvement of legal norms in this field of research.