Legal nature of deliberate acts resulting in disheritance

The present article deals with the legal analysis of legislative description of the ground for recognition of an heir to be unworthy. Thus, those persons who acted deliberately and unlawfully against a testator, other heirs or a testator's will and furthered (tried to further) their recognition as heirs or increase their portion of heritage can neither inherit by law nor by will. In the introductory part of the research the author examines and differentiates the legal nature of unlawful acts against a testator (other heirs) or a testator's will. Relying on the official interpretation and scientists' opinions she substantiates the position that the acts against a testator or other heirs constitute the crimes the consequence of which according to criminal law is death but the acts against a testator's will constitute the violations of civil law rules. The acts against a testator (other heirs) are supported by the court sentence in a criminal case and the acts against a testator's will-by the court decision to hold a will or acceptance of inheritance invalid. Thus, the main drawback of the legal regulation is a legislative levelling of differences between the above acts and, consequently, their unreasonable description as one and the same ground for deprivation of the right to inherit. The main part of the research emphasizes some law enforcement problems conditioned by the lack of legislative designation for the legal nature of unlawful acts and, in particular, by non-inclusion of the term "crime" into Paragraph 1, Item 1, Article 1117 of the Civil Code of the Russian Federation. Courts usually deprive those who did not wish death to the testator (other heirs) but caused it by another intentional act of the right to inherit. This seems to be wrong and is inconsistent with the sense of unworthy inheritance. In conclusion, the author proposes her variant for the description of the ground under consideration for recognition of an heir to be unworthy. This means the differentiation of unlawful acts against a testator or other heirs i.e. the crimes resulting in death and the acts implying the violation of the will of a testator or other heirs confirmed within the framework of civil procedure. Such a description of unlawful acts will clarify the interpretation and help to avoid some problems in practice.

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