Joint wills and inheritance agreements in foreign law

The article examines the experience of legal regulation of joint will and inheritance contract institutions, as well as foreign doctrinal positions in comparison with Russian inheritance norms. Special attention is paid to the analysis of legislation and literary sources in Germany. The article also analyzes the experience of legal regulation of making a joint will of spouses in Ukraine, Latvia, France, the United States, England, and also examines the institute of inheritance contract in the legal systems of Austria, Hungary, Switzerland, Latvia, and Ukraine. Taking into account the positive experience of Germany in regulating the institution of joint wills of spouses, the conclusion is reasoned that it is expedient to fix in the Russian legislation the rules on differentiation of testamentary orders into mutually conditional and non-conditional, as well as various rules for their cancellation. In addition, the author comes to the conclusion that in foreign countries, heirs under an inheritance contract in comparison with the inheritance law of Russia are in a more protected position, while many norms deserve attention from the point of view of their borrowing in order to improve Russian legislation.

inheritance law, joint will of spouses, inheritance contract, testator, foreign legislation, joint property, property, mutual will, gratuitous transaction, beneficiary