Case Facts:
On October 25, 2007, A.V. Selivanov died.
On February 19, 2022, Yu.A. Tofan received a letter from a notary notifying her of the need to appear to accept the inheritance.
NB! From the notary, Yu.A. Tofan learned that on August 31, 2004, A.V. Selivanov had drawn up a will bequeathing all his property to her.
On October 4, 2022, Yu.A. Tofan applied to the notary for a certificate of inheritance under the will and was denied the notarial act due to the missed deadline for accepting the inheritance.
The Supreme Court of the Russian Federation's position:
1. By bequeathing all property to designated heirs, the testator seeks to exclude the heirs from inheritance by law. This means that only those persons expressly named in the will are, in the testator's opinion, worthy of inheriting his property, and does not presuppose the inheritance of any other persons as legal heirs (Resolution of the Constitutional Court of the Russian Federation of March 27, 2025, No. 14-P).
2. The courts have not taken into account the fact that the right to restore the heir's deadline for accepting an inheritance is granted to the court if the heir provides evidence that not only did they not know about the opening of the inheritance (the death of the testator), but they also should not have known about it due to objective circumstances beyond their control.
3. Given the above legal requirements and explanations for their application, the courts failed to take into account, and in fact, did not legally evaluate, the circumstances cited by the plaintiff as valid reasons for missing the deadline for accepting the inheritance: namely, that the plaintiff was not related to the testator by any family or friendship, nor did she have any legal obligations to support or assist the testator.
4. The plaintiff lived with A.V. Selivanov from 1992 to 1999, after which their relationship ended. She married another man and never saw A.V. Selivanov again. He was a stranger to her. Therefore, the plaintiff did not know and should not have known about the opening of the inheritance, nor that she was an heir under the will of the deceased A.V. Selivanov.
5. The plaintiff only learned of the existence of a will in her favor after visiting a notary office on October 4, 2022, following her receipt of a letter from notary R.R. Urazova on September 19, 2022, regarding the opening of an inheritance case for the estate of the deceased, A.V. Selivanov. After reviewing the will with the notary, the plaintiff immediately (on October 4, 2022) filed an application to accept the inheritance, i.e., within six months after the reasons for missing the deadline established for accepting the inheritance had ceased to exist.
The Determination of the Supreme Court of the Russian Federation No. 5-KG25-130-K2 of October 14, 2025.
On October 25, 2007, A.V. Selivanov died.
On February 19, 2022, Yu.A. Tofan received a letter from a notary notifying her of the need to appear to accept the inheritance.
NB! From the notary, Yu.A. Tofan learned that on August 31, 2004, A.V. Selivanov had drawn up a will bequeathing all his property to her.
On October 4, 2022, Yu.A. Tofan applied to the notary for a certificate of inheritance under the will and was denied the notarial act due to the missed deadline for accepting the inheritance.
The Supreme Court of the Russian Federation's position:
1. By bequeathing all property to designated heirs, the testator seeks to exclude the heirs from inheritance by law. This means that only those persons expressly named in the will are, in the testator's opinion, worthy of inheriting his property, and does not presuppose the inheritance of any other persons as legal heirs (Resolution of the Constitutional Court of the Russian Federation of March 27, 2025, No. 14-P).
2. The courts have not taken into account the fact that the right to restore the heir's deadline for accepting an inheritance is granted to the court if the heir provides evidence that not only did they not know about the opening of the inheritance (the death of the testator), but they also should not have known about it due to objective circumstances beyond their control.
3. Given the above legal requirements and explanations for their application, the courts failed to take into account, and in fact, did not legally evaluate, the circumstances cited by the plaintiff as valid reasons for missing the deadline for accepting the inheritance: namely, that the plaintiff was not related to the testator by any family or friendship, nor did she have any legal obligations to support or assist the testator.
4. The plaintiff lived with A.V. Selivanov from 1992 to 1999, after which their relationship ended. She married another man and never saw A.V. Selivanov again. He was a stranger to her. Therefore, the plaintiff did not know and should not have known about the opening of the inheritance, nor that she was an heir under the will of the deceased A.V. Selivanov.
5. The plaintiff only learned of the existence of a will in her favor after visiting a notary office on October 4, 2022, following her receipt of a letter from notary R.R. Urazova on September 19, 2022, regarding the opening of an inheritance case for the estate of the deceased, A.V. Selivanov. After reviewing the will with the notary, the plaintiff immediately (on October 4, 2022) filed an application to accept the inheritance, i.e., within six months after the reasons for missing the deadline established for accepting the inheritance had ceased to exist.
The Determination of the Supreme Court of the Russian Federation No. 5-KG25-130-K2 of October 14, 2025.