О правовой природе совместного завещания супругов

Abstract

Introduction: the possibility of drawing up a joint will by spouses is an innovation of the Russian legislator. The peculiarity of a joint will is manifested in the fact that the spouses have the right to jointly make testamentary dispositions in the event of the death of each of them, which will simplify the order of inheritance of common joint property. In connection with these circumstances, the author of the paper aims to study the features of making a will between the spouses, as well as the consequences of such a transaction. Methods: the methodological framework for the study was made up of both the general scientific and special legal research methods, in particular, the comparative law method and the methods of analysis and synthesis. Results: the conclusions presented in the author’s material are based on the updated civil legislation and the positions of domestic civil thinkers. The innovations of hereditary norms provide that the execution of a joint will is only possible by persons who are in a registered marriage, and the verification of the reliability of such information is the responsibility of a notary. Under the legal regime of inheritance under a joint marital will, all the property of the spouses is transferred to the surviving spouse, without splitting and allocating the corresponding shares. Accordingly, after the death of the second spouse, the property is handed over to common children. Conclusions: the legalization of the joint will of the participants of the marriage union has significantly increased the possibilities of the dispositive legal regulation of property inheritance ties to more effectively consolidate and protect the rights and legitimate interests, testamentary will, and freedom of each of the spouses. The study of the legal nature of joint marriage wills has shown that it is necessary to take further legislative measures to eliminate gaps in this area, to improve hereditary law-making and law enforcement.