Russian Inheritance Law
Russian inheritance law exists in Part III of the Russian Civil Code. Chapters 61 through 63 of the code are the basic statues concerning inheritance. In general, the Russian laws concerning inheritance are simple and straightforward. Inheritance tax law in Russia has been non-existent since 2006 when the Russian Federation abolished all inheritance taxes.
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Features
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There are two ways to inherit property in Russia. The first is through statute. This means that, in the absence of a will or under an invalid will, the laws of Russia determine who should inherit money. The second is through the writing of a will. Russian law states that the will should be in conformity with state law in terms of the priority of those who can inherit, though variables such as percentages of property inherited by different heirs can be changed by the testator.
Function
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Social justice is the main function of the Russian laws on inheritance. One of the main purposes of the law is to take care of those in the family that cannot take care of themselves. If a Russian citizen dies, leaving disabled children or parents, these people are to receive, by law, at least 50 percent of the estate. Otherwise, the state has listed a table of “priorities” for those who are to receive parts of the estate. In the absence of heirs, the estate is declared heirless, and passes to the Russian Federation.
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Priorities I
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The Table of Priorities is the main part of Russian inheritance law. There are seven levels, but the first three are the most important. Those who are to receive the estate are prioritized as, first, children, spouse or parents. Adoptive children or parents are considered as legal children or parents; they are no different than biological relations. Second on the list are brothers/sisters, half brothers/sisters and grandparents. Third on the list are half-brothers/sisters of parents as well as first cousins. These people are to receive, by law, the lion's share of the estate.
Priorities II
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If no one in the first three priorities are alive, then the remaining four priority levels are then considered. The fourth refers to great-grandparents. The fifth refers to children of nephews/nieces, as well as great uncles and aunts. The sixth refers to great-great nephews/nieces, as well as children of great uncles/aunts. Finally, the lowest priority, the seventh level, refers to step-sons, step-sisters/brothers or step-mothers/fathers.
Effects
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Russian law strongly reduces the number of options that a testator has. The priority and disability laws make sure that only certain people can receive an estate. The only real options for a testator are the percentages of an estate that certain levels of priority can receive. Non-relatives can inherit part of the estate, but these are taxed at the flat income rate of 13 percent. Only relatives receive the estate tax-free. In other words, non-relations, while they can receive parts of the estate, are not considered heirs strictly speaking, but persons to whom a (posthumous) gift has been given.
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