The actions of the heir that resulted in a reduction in the size of the inheritance, but did not result in a change in the shares of other heirs, are not grounds for recognizing such an heir as unworthy.
Case Facts:
L.P. Akhalay (testator's mother) filed a claim against V.P. Klimashchuk (testator's spouse), A.V. Orlova (buyer) to recognize the transaction for the sale of a car acquired by the testator during the marriage as a sham transaction, to collect compensation, and to recognize him as an unworthy heir.
Chronology:
On July 22, 21, M.V. Klimashchuk dies, an inheritance is opened in the form of a Toyota Hilux, acquired during the marriage and registered in the name of the spouse.
On June 29, 22, the Toyota Hilux was registered for A.V. Orlova based on the purchase and sale agreement dated March 18, 20.
On May 22, 23, procedural succession was made to A.V. Akhalay in connection with the death of L.P. Akhalay.
On October 30, 23, a forensic examination established that the signatures of the parties to the purchase and sale agreement dated March 18, 20 were made no earlier than 2022 (which should also be regarded as forgery of evidence within the meaning of the Civil Procedure Code of the Russian Federation).
L.P. Akhalay (testator's mother) filed a claim against V.P. Klimashchuk (testator's spouse), A.V. Orlova (buyer) to recognize the transaction for the sale of a car acquired by the testator during the marriage as a sham transaction, to collect compensation, and to recognize him as an unworthy heir.
Chronology:
On July 22, 21, M.V. Klimashchuk dies, an inheritance is opened in the form of a Toyota Hilux, acquired during the marriage and registered in the name of the spouse.
On June 29, 22, the Toyota Hilux was registered for A.V. Orlova based on the purchase and sale agreement dated March 18, 20.
On May 22, 23, procedural succession was made to A.V. Akhalay in connection with the death of L.P. Akhalay.
On October 30, 23, a forensic examination established that the signatures of the parties to the purchase and sale agreement dated March 18, 20 were made no earlier than 2022 (which should also be regarded as forgery of evidence within the meaning of the Civil Procedure Code of the Russian Federation).
Here, the question immediately arises: how can fictitiousness be established by handwriting if this is a volitional act of the parties to the transaction and the internal will of the parties was aimed at specific consequences of the concluded transaction?
On July 5, 24 V.P. Klimashchuk was recognized as an unworthy heir.
The position of the Supreme Court of the Russian Federation:
1. Recognition of an heir as unworthy and his removal from the right of inheritance is possible only on the grounds provided for by law, is exceptional in nature and should be a proportionate response to such actions of the heir that cannot be recognized as corresponding, among other things, to generally accepted moral standards.
2. Deprivation of the right of inheritance is a measure of civil liability that is applied to heirs who have committed such intentional unlawful actions (confirmed by a court verdict in a criminal case or a court decision in a civil case) against the testator, his will, or any of his heirs, which had as their purpose the calling of inheritance or the increase of the share of the inheritance due to the unworthy heir or other persons.
3. The legislator, acting within the framework of his powers, has provided for the possibility of applying the sanction in question only with respect to such actions of a person directed against other heirs, the commission of which will essentially constitute an impact on the circle of heirs called to inheritance (their subject composition) and, as a consequence, will entail a change (increase) in the share of the inheritance due to him or another person.
4. Illegal actions committed by an heir in relation to property included in the estate, which in most cases do not entail a change in the heir's shares in the inheritance, cannot be regarded as actions that allow such an heir to be recognized as unworthy.
5. When one of the heirs alienates an object included in the estate, the other heirs are not deprived of the right to apply to the court with demands for recognition of the transaction on the disposal of the inherited property as invalid or, regardless of the recognition of the transaction as invalid, if it is impossible to return the alienated property to the estate in kind, to demand the application of the provisions of the law on unjust enrichment to the disputed relations and to recover from the heir who alienated the inherited property, in their favor, compensation in the amount of the value of this property due to them.
The Determination of the Supreme Court of the Russian Federation No. 18-KG25-75-K4 dated 20.05.25.
The position of the Supreme Court of the Russian Federation:
1. Recognition of an heir as unworthy and his removal from the right of inheritance is possible only on the grounds provided for by law, is exceptional in nature and should be a proportionate response to such actions of the heir that cannot be recognized as corresponding, among other things, to generally accepted moral standards.
2. Deprivation of the right of inheritance is a measure of civil liability that is applied to heirs who have committed such intentional unlawful actions (confirmed by a court verdict in a criminal case or a court decision in a civil case) against the testator, his will, or any of his heirs, which had as their purpose the calling of inheritance or the increase of the share of the inheritance due to the unworthy heir or other persons.
3. The legislator, acting within the framework of his powers, has provided for the possibility of applying the sanction in question only with respect to such actions of a person directed against other heirs, the commission of which will essentially constitute an impact on the circle of heirs called to inheritance (their subject composition) and, as a consequence, will entail a change (increase) in the share of the inheritance due to him or another person.
4. Illegal actions committed by an heir in relation to property included in the estate, which in most cases do not entail a change in the heir's shares in the inheritance, cannot be regarded as actions that allow such an heir to be recognized as unworthy.
5. When one of the heirs alienates an object included in the estate, the other heirs are not deprived of the right to apply to the court with demands for recognition of the transaction on the disposal of the inherited property as invalid or, regardless of the recognition of the transaction as invalid, if it is impossible to return the alienated property to the estate in kind, to demand the application of the provisions of the law on unjust enrichment to the disputed relations and to recover from the heir who alienated the inherited property, in their favor, compensation in the amount of the value of this property due to them.
The Determination of the Supreme Court of the Russian Federation No. 18-KG25-75-K4 dated 20.05.25.
NB On 18.06.2025, the Leninsky District Court of Novosibirsk in case No. 2-949/2025 rejected the claim of the applicant to recognize the heir as unworthy.
In this case, M.A. Semenova (the first heir) took possession of the funds placed in the bank account of the testator, under an invalid power of attorney.
I.E. Vagan (the second heir) has not received the said funds or annual interest for using them to date.
In this case, M.A. Semenova (the first heir) took possession of the funds placed in the bank account of the testator, under an invalid power of attorney.
I.E. Vagan (the second heir) has not received the said funds or annual interest for using them to date.