Mandatory share in inheritance: problems of legal regulation and law enforcement practice

the article examines the institution of a mandatory share in Russian legislation and some problems of allocating a mandatory share from the inheritance. Recently, judicial practice has been replenished with cases when heirs either reduced the mandatory share or were denied its award altogether. The main purpose of the study is to analyze the reasons for the reduction of the mandatory share or the refusal to allocate it, as well as to develop proposals to maintain the balance of interests of the testator and heirs. The method of interpretation of law and legal norms, comparative analysis, modeling of situations, and a comprehensive analysis of judicial practice were used. The method of deduction was used, which allowed us to conclude that it was necessary to amend the current Russian legislation. Based on the results of the study, the option of reserving a mandatory share in the inherited property, the introduction of the distribution of the mandatory share in monetary terms, is proposed. In relation to spouses, a separate list of reasons should be fixed for refusing to allocate a mandatory share if one of the spouses claims it: if the spouse left the spouse before his death; did not provide proper care, treatment, moral and material support; if the marriage was in the process of dissolution, but the spouses did not have time to register the divorce.

inheritance, heirs, compulsory share, succession, will, testator, division of property