The problem of restrictions on the freedom of wills by provisions on mandatory share in inheritance

The article analyzes the problems associated with the restriction of the principle of freedom of will as a result of the establishment of the legislation on the mandatory share in inheritance. The author notes the erroneous prerequisites underlying the establishment of mandatory share provisions, examines legislative changes that have been adopted over the past decades to establish additional restrictions in the application of the provisions on mandatory share in inheritance. The author substantiates the conclusions that the problems of ensuring the socially vulnerable strata of the population should be solved through the development of social insurance systems, charitable activities, tax and other revenues to the budget, without depriving citizens of the opportunity to dispose of their property at their own discretion, including when drafting a will. The article substantiates the conclusion that it is expedient to exclude from the legislation of the Russian Federation the provisions on mandatory share in inheritance.

inheritance, heir, testator, mandatory share, will, freedom of will, legal succession