In inheritance disputes complicated by a foreign element, the courts' duty to determine laws and other regulatory legal acts cannot be exhausted by examining the issue of the content of foreign law norms to be applied in accordance with paragraph 2 of Article 1224 of the Civil Code of the Russian Federation.
The Supreme Court of the Russian Federation expressed its legal position on the case of invalidating a will drawn up by the testator in his own handwriting, in simple written form, which complies with the requirements of the legislation of the Principality of Monaco, where the testator permanently resided in the last years of his life.
Position of the Supreme Court of the Russian Federation:
1. paragraph 2 of Article 1224 of the Civil Code of the Russian Federation establishes an exception in relation to the testator's testamentary capacity and the form of the will drawn up by him from the inheritance statute fixed in paragraph 1, which is subject to application to the main part of the set of inheritance relations complicated by a foreign element and determines the solution of most inheritance issues, including:
→ on possible grounds for the transfer of property by inheritance (will, the law itself, an inheritance agreement, a gift in case of death, etc.),
→ on the composition of the inheritance (property that is part of the inheritance),
→ on the time of opening of the inheritance,
→ on the circle of persons who cannot be heirs,
→ on freedom of testament and its limitations (rules on the obligatory share in the inheritance),
→ on testamentary refusal, imposition and other encumbrances imposed on the heirs,
→ on the possibility of bequeathing property under a condition,
→ on execution and executors wills,
→ on the specifics of inheritance of certain types of movable property (property shares in various corporate-type organizations, etc.).
2. It follows from the above that the court's duty to determine laws and other regulatory legal acts when resolving the overwhelming majority of inheritance disputes complicated by a foreign element cannot be exhausted by studying the content of the norms of foreign law to be applied in the case under consideration by the court in accordance with paragraph 2 of Article 1224 of the Civil Code of the Russian Federation, determining the testamentary capacity of the testator and the requirements for the form of the will.
3. Relationships regarding the inheritance of bequeathed property may be determined by the law of a state other than the one that, in accordance with paragraph 2 of Article 1224 of the Civil Code of the Russian Federation, regulates the testamentary capacity of the testator and the form of the will.
4. The court was obliged, in accordance with the law, to determine the law applicable to inheritance legal relations and to establish its content both in relation to the provisions of paragraph 2 of Article 1224 of the Civil Code of the Russian Federation and to the provisions of paragraph 1 of this article.
5. The court actually limited itself to applying Article 836 of the Civil Code of Monaco, which determines the requirements for the form of a will. The content of the rules of law applicable to inheritance relations by virtue of paragraph 1 of Article 1224 of the Civil Code of the Russian Federation was not established by the court.
6. The court of first instance, faced with a legal issue, actually refrained from taking the necessary measures to clarify the content of the rules of foreign law: it did not independently seek assistance and clarification from the competent authorities, did not involve experts, and rejected the arguments of the defendants about the need to contact the Ministry of Justice of the Russian Federation and other competent authorities or organizations to determine the content of the applicable rules.
7. Taking into account the indirect interpretation of a translation into French by foreign experts of a will originally drawn up in Russian, given the possibility of examining its original text in a Russian court and the corresponding establishment by the court of the content of the document drawn up in Russian, may lead to the words and expressions contained therein being given an interpretation that contradicts the authentic meaning, which is unacceptable from the point of view of legal logic, and also does not correspond to the principle of direct examination of the evidence available in the case, as established by Russian procedural law.
The Supreme Court of the Russian Federation expressed its legal position on the case of invalidating a will drawn up by the testator in his own handwriting, in simple written form, which complies with the requirements of the legislation of the Principality of Monaco, where the testator permanently resided in the last years of his life.
Position of the Supreme Court of the Russian Federation:
1. paragraph 2 of Article 1224 of the Civil Code of the Russian Federation establishes an exception in relation to the testator's testamentary capacity and the form of the will drawn up by him from the inheritance statute fixed in paragraph 1, which is subject to application to the main part of the set of inheritance relations complicated by a foreign element and determines the solution of most inheritance issues, including:
→ on possible grounds for the transfer of property by inheritance (will, the law itself, an inheritance agreement, a gift in case of death, etc.),
→ on the composition of the inheritance (property that is part of the inheritance),
→ on the time of opening of the inheritance,
→ on the circle of persons who cannot be heirs,
→ on freedom of testament and its limitations (rules on the obligatory share in the inheritance),
→ on testamentary refusal, imposition and other encumbrances imposed on the heirs,
→ on the possibility of bequeathing property under a condition,
→ on execution and executors wills,
→ on the specifics of inheritance of certain types of movable property (property shares in various corporate-type organizations, etc.).
2. It follows from the above that the court's duty to determine laws and other regulatory legal acts when resolving the overwhelming majority of inheritance disputes complicated by a foreign element cannot be exhausted by studying the content of the norms of foreign law to be applied in the case under consideration by the court in accordance with paragraph 2 of Article 1224 of the Civil Code of the Russian Federation, determining the testamentary capacity of the testator and the requirements for the form of the will.
3. Relationships regarding the inheritance of bequeathed property may be determined by the law of a state other than the one that, in accordance with paragraph 2 of Article 1224 of the Civil Code of the Russian Federation, regulates the testamentary capacity of the testator and the form of the will.
4. The court was obliged, in accordance with the law, to determine the law applicable to inheritance legal relations and to establish its content both in relation to the provisions of paragraph 2 of Article 1224 of the Civil Code of the Russian Federation and to the provisions of paragraph 1 of this article.
5. The court actually limited itself to applying Article 836 of the Civil Code of Monaco, which determines the requirements for the form of a will. The content of the rules of law applicable to inheritance relations by virtue of paragraph 1 of Article 1224 of the Civil Code of the Russian Federation was not established by the court.
6. The court of first instance, faced with a legal issue, actually refrained from taking the necessary measures to clarify the content of the rules of foreign law: it did not independently seek assistance and clarification from the competent authorities, did not involve experts, and rejected the arguments of the defendants about the need to contact the Ministry of Justice of the Russian Federation and other competent authorities or organizations to determine the content of the applicable rules.
7. Taking into account the indirect interpretation of a translation into French by foreign experts of a will originally drawn up in Russian, given the possibility of examining its original text in a Russian court and the corresponding establishment by the court of the content of the document drawn up in Russian, may lead to the words and expressions contained therein being given an interpretation that contradicts the authentic meaning, which is unacceptable from the point of view of legal logic, and also does not correspond to the principle of direct examination of the evidence available in the case, as established by Russian procedural law.
The Determination of the Supreme Court of the Russian Federation No. 5-КГ23-139-K2 dated 30.01.24