The Unworthy Heir Institution: Civil Law and Criminal Law Aspects

Abstract

The purpose of this study is to form a holistic scientific understanding of the features of the institution of an unworthy heir in the Russian Federation. The article is devoted to the problem of recognition of an unworthy heir, a comparative legal analysis is given and the criteria for recognizing an unworthy heir are identified. The author substantiates the need to separate the motive of the committed offense and its connection with inheritance. The behavior of an unworthy heir can be expressed in the form of both action and inaction, which is also unlawful, intentionally direct. The paper makes a provision that the result of recognizing a person as an unworthy heir should not be the impossibility of inheriting the property of other persons. The author also proposes to establish a deadline for filing a claim for recognition of a person as an unworthy heir within five years from the moment such a person came into possession of the inheritance.