Russian Inheritance Law for English Probate Practitioners

An English Grant of Probate or Letters of Administration does not automatically transfer Russian assets. A Moscow flat, a Russian bank account or an interest in a Russian company may require a separate Russian notarial, registration or corporate procedure.

English practitioners should distinguish four issues:

1. Which country’s succession law applies?
2. Which authority is competent to deal with the asset?
3. Who may act: an heir, executor, administrator or representative?
4. What document is required to release or register the asset?

English probate is centred on personal representatives, who collect the assets, pay liabilities and distribute the estate.

Russian law is based on universal succession. Transferable rights and obligations pass to the heirs as a whole. An heir cannot normally accept valuable assets while rejecting the associated debts.

A Russian notary identifies the heirs, verifies the relevant evidence and issues a certificate of inheritance rights. This certificate is usually the main document used to register or obtain Russian assets.

An English executor may still be relevant, particularly where English law governs movable property. However, the English Grant is normally evidence of the executor’s status and authority — not a document that independently transfers title in Russia.

Under Article 1224 of the Russian Civil Code:

• succession is generally governed by the law of the deceased’s last place of residence;
• immovable property is governed by the law of the country where it is situated;
• immovable property registered in Russia is governed by Russian law.

Therefore:

• Russian flats, houses and registered land are normally inherited under Russian law;
• bank accounts, shares, vehicles and other movable property may be governed by the law of the deceased’s last place of residence;
• different assets in the same estate may be subject to different legal systems.

The Russian concept of “place of residence” is not identical to English domicile. It normally means the place where the deceased permanently or predominantly lived. A Russian national who had lived permanently in England may therefore be treated as having had their last residence in England, even if they retained a Russian domicile of origin under English law.

Russian conflict rules generally exclude renvoi. Where Russian law refers succession to English law, the Russian notary or court will usually examine English substantive succession law rather than English conflict-of-laws rules.

A legal opinion may be required to explain:

• the validity and effect of the will;
• the powers of the executors or administrators;
• the effect of the English Grant;
• the identity and rights of the beneficiaries;
• the applicable English intestacy rules;
• the representatives’ authority to collect or transfer the asset.

If the content of foreign law cannot be established within a reasonable time, a Russian court may apply Russian law instead.

An English will may be recognised in Russia if its form complies with:

• the law of the testator’s place of residence when the will was made;
• the law of the place where it was executed; or
• Russian law.

A standard English witnessed will may therefore be formally valid for Russian purposes. However, the notary or court may still require evidence concerning capacity, execution, revocation, marriage, divorce, codicils and the meaning of the will.

Recognition of the will does not mean that all its terms necessarily govern every Russian asset. Russian compulsory-share rules may still apply to Russian immovable property.

The inheritance is normally opened at the deceased’s last place of residence.

If the deceased lived outside Russia but left assets in Russia, the Russian place of opening may be determined by the location of the property. Priority is generally given to Russian immovable property or, if there is none, to the most valuable movable asset.

The position is less straightforward where the deceased lived abroad and left only movable property in Russia. A 2024 decision of the Russian Constitutional Court confirmed that Russian notaries and courts should not automatically refuse protection where a Russian citizen died abroad, left movable assets in Russia and the heirs faced serious difficulties using the foreign procedure.

This does not mean that every Russian bank account automatically requires Russian probate. Competence must be assessed according to the deceased’s residence, nationality, type of asset and the practical availability of the foreign procedure.

Under Russian law, an inheritance must generally be accepted within six months from the date of death.

Where a Russian inheritance procedure may be required, a protective filing should be made as early as possible. The heirs should not wait for the English Grant or for the entire worldwide estate to be identified.

Acceptance may be made by filing an application with the competent Russian notary. If the application is sent by post or delivered by another person, the heir’s signature must usually be notarised.

A representative may accept the inheritance only if the power of attorney expressly authorises acceptance. A general authority to manage legal affairs may not be sufficient.

Russian law also recognises factual acceptance, such as taking possession of property, paying its expenses or protecting it. Foreign heirs should nevertheless use a formal written application wherever possible.

A missed deadline may be restored:

• by a Russian court, where the heir had a valid reason and applies within six months after that reason ended; or
• without litigation, if all heirs who accepted the inheritance give written consent.

If there is no valid will, the first class of Russian intestate heirs consists of:

• children;
• the surviving spouse;
• parents.

Grandchildren may inherit by representation. More remote relatives inherit only where there are no heirs in an earlier class.

Russian law also protects certain compulsory heirs. Minor or legally work-incapacitated children, a work-incapacitated spouse or parent and certain dependants may claim at least half of the share they would have received on intestacy.

For this purpose, the protected category may include women aged 55 or over and men aged 60 or over.

The compulsory-share rules apply where Russian substantive succession law governs the asset. They should not automatically be applied to the entire worldwide estate.

The surviving spouse’s inheritance must be separated from their pre-existing marital-property rights.

Where Russian matrimonial-property rules apply, property acquired during marriage may be jointly owned even if registered only in the deceased’s name. The spouse’s own share is excluded before the deceased’s part is distributed between the heirs.

In international marriages, the applicable matrimonial-property regime requires a separate conflict-of-laws analysis. Sole registration does not necessarily prove that the whole asset belongs to the estate.

The English Grant does not replace the Russian inheritance certificate. It may prove the authority of the executor or administrator, but further evidence will normally be needed.

The document package may include:

• the death certificate;
• passports and identity documents;
• evidence of the deceased’s last residence;
• birth and marriage certificates;
• documents confirming name changes;
• the will and codicils;
• the Grant of Probate or Letters of Administration;
• Russian property, bank or corporate records;
• a legal opinion on English law;
• a Russian-form power of attorney.

Qualifying English public documents will normally require an apostille under the Hague Apostille Convention and a certified Russian translation.
Private documents may require notarisation or another authentication step before they can be apostilled. The precise procedure should be agreed with the Russian notary in advance.

Name spellings and transliterations should be checked carefully. Differences between English passports, Russian records and older Soviet documents frequently cause delays.

The power of attorney should expressly cover the required actions, including acceptance of the inheritance, communication with the notary, obtaining certificates, dealing with banks, registering title and, where necessary, selling property and receiving funds.

Heirs who accept the inheritance also accept the deceased’s transferable debts. Their liability is generally joint and several, but each heir is liable only up to the value of the property received.

Russian notaries may obtain information about outstanding credit obligations through the Russian credit-history system. However, this will not necessarily reveal private loans, guarantees, tax liabilities, foreign debts or pending claims.

English and Russian advisers should therefore conduct coordinated creditor enquiries before distribution.

Russia does not generally charge personal income tax merely because an individual receives property by inheritance.

However, the estate may still incur:

• notarial tariffs;
• translation and apostille costs;
• valuation expenses;
• registration fees;
• legal fees.

A later sale or letting of the inherited property may create a separate Russian tax liability. The result will depend on the type of asset, ownership period, tax residence and applicable exemptions.

An interest in a Russian limited liability company forms part of the estate. However, the company’s articles may require the consent of the other participants before the heir can become a participant.

If consent is refused, the heir may be entitled to the actual value of the inherited interest rather than membership in the company.

The company’s articles, participant records and financial position should therefore be reviewed before the interest is valued.

Shares in Russian joint-stock companies follow a different securities-transfer procedure.

Foreign nationals may inherit Russian property, but some assets are subject to ownership restrictions.

A foreign citizen who inherits Russian agricultural land will generally be unable to retain ownership permanently and may be required to dispose of it within one year.

The restriction should be considered before the asset is valued or distributed.

Inheritance rights do not automatically guarantee that an asset can be sold or that the proceeds can be transferred abroad.

UK sanctions, Russian countermeasures, banking controls and restrictions affecting transactions with certain non-residents may apply to:

• real estate;
• securities;
• company interests;
• bank transfers;
• payments to foreign beneficiaries.

A beneficiary may therefore become legally entitled to an asset but remain temporarily unable to sell it, receive payment through the intended bank or transfer the proceeds to the United Kingdom.

These issues should be checked at the transaction stage using the rules then in force.

A Russia-connected estate should normally be handled in the following order:

Identify and classify the Russian assets. Separate immovable property from accounts, shares, company interests and contractual claims.

Determine the deceased’s last place of residence. Do not rely only on nationality or English domicile.

Protect the six-month deadline. File an acceptance application or arrange a suitable power of attorney without waiting for the English probate process to finish.

Identify all possible heirs and testamentary documents. Check for Russian wills, joint spousal wills, inheritance agreements and compulsory-share heirs.

Agree the evidence requirements with the Russian notary. Confirm the required originals, apostilles, translations and foreign-law opinions before processing the documents.

Treat each stage separately. Establishing entitlement, obtaining the inheritance certificate, registering ownership, selling the asset and transferring proceeds are distinct procedures.

Review debts, tax and sanctions before distribution.

Russian inheritance work should not be treated as a simple extension of English probate. It is a separate process involving conflict-of-laws rules, Russian notaries, asset-specific procedures and registration requirements.

An English Grant may be essential, but it will rarely be sufficient on its own. The safest approach is to analyse each asset separately, protect the Russian six-month deadline and coordinate the English and Russian evidence from the beginning.

This article provides general information and is not a substitute for advice on a particular estate.

I can assist with the entire Russian side of the matter — from identifying the applicable law and protecting the six-month acceptance deadline to working with Russian notaries, preparing powers of attorney, reviewing wills and corporate documents, obtaining inheritance certificates, registering title and resolving issues involving banks, companies, compulsory heirs, debts and cross-border transfers. I also work with foreign probate practitioners to ensure that English and Russian documents are prepared and coordinated correctly from the outset.