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SECTION A: BRIEF SURVEY OF THE LOCAL SYSTEM SECTION A: BRIEF SURVEY OF THE LOCAL SYSTEM
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1. Type of System 1. Type of System
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2. Wills 2. Wills
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3. Joint Wills of Spouses 3. Joint Wills of Spouses
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4. Intestacy 4. Intestacy
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5. Freedom of Testation 5. Freedom of Testation
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6. Maintenance 6. Maintenance
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7. Community Property between Husband and Wife 7. Community Property between Husband and Wife
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8. Joint Property 8. Joint Property
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9. Gifts (Inter Vivos) 9. Gifts (Inter Vivos)
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10. Capacity 10. Capacity
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11. Authority (Court, Notarial, or Other) 11. Authority (Court, Notarial, or Other)
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12. Invalidity of Will 12. Invalidity of Will
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13. Simultaneous Death 13. Simultaneous Death
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14. Presumption of Death 14. Presumption of Death
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15. Estate Taxes 15. Estate Taxes
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16. Administration of Estates 16. Administration of Estates
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17. Domicile/Nationality 17. Domicile/Nationality
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18. Charitable Giving 18. Charitable Giving
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SECTION B: APPLICABLE LAW/PROCEDURE WHERE FOREIGN ELEMENTS ARE INVOLVED SECTION B: APPLICABLE LAW/PROCEDURE WHERE FOREIGN ELEMENTS ARE INVOLVED
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1. Jurisdiction 1. Jurisdiction
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2. Applicable Law 2. Applicable Law
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3. Foreign Succession/Inheritance Orders 3. Foreign Succession/Inheritance Orders
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4. Two or More Succession or Probate Orders 4. Two or More Succession or Probate Orders
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5. Assets 5. Assets
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6. Expert Evidence 6. Expert Evidence
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7. Unity of Succession 7. Unity of Succession
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8. Formalities 8. Formalities
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9. Hague Convention 9. Hague Convention
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10. Wills 10. Wills
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11. Domicile/Nationality 11. Domicile/Nationality
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12. Taxation 12. Taxation
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45 Russian Federation
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Published:March 2022
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Abstract
This chapter reveals that the legal system of the Russian Federation is regarded by many comparative lawyers as belonging to a family of legal systems ‘in transition’ from the socialist legal family to a destination undetermined. It highlights that inheritance under Russian law is closest to the Romano-Germanic legal family but has not changed in its fundamentals a great deal from the late Soviet period. The chapter also focuses on the formalities for different types of will. As a general rule, a will must be drawn up in written form and certified by a notary. In Russia, a will may be concluded by a single individual or jointly by individuals who are married to one another. In the event of intestacy, the chapter presents a few takes in equal participatory shares. It then describes the general principle of freedom of testation set out in Art. 1119 of the Civil Code of the Russian Federation.
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