Lawyers of the Magnetar Moscow Bar Association have achieved the cancellation of the decisions of the Supreme Court of the Russian Federation of three courts in a hereditary dispute complicated by a foreign component

19.03.2025
The Principals, who are the legal heirs of the deceased entrepreneur who carried out his activities in the Russian Federation, as well as in a number of countries of the European Union, were, in fact, deprived of the right to receive a share in the inheritance of the deceased by the district court of the city of Moscow.
Within the framework of this case, the relatives of the deceased filed a claim with the court against the Principals with demands to recognize the handwritten will of the deceased as valid in the territory of the Russian Federation and to recognize the rights of the Plaintiffs to shares in the inherited property of the deceased, the satisfaction of which entailed the actual receipt by the Plaintiffs of all the inherited property of the deceased.
The specificity of this case was in the applicable law: the courts of two instances, at the time of the Principals' appeal to the MCA "Magnetar", recognized the law of the Principality of Monaco as applicable to the dispute, guided by which the courts of first and appellate instances resolved the dispute on the merits not in favor of the Principals of the MCA "Magnetar". At the stage of cassation appeal of the acts of the courts of first and appellate instances, the lawyers and specialists of the MBA "Magnetar" entered the case, as a result of their coordinated actions, the dispute was transferred for consideration to the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation, which overturned the judicial acts of the courts of three instances, pointing out the incorrect application by the court of the norms of the Civil Code of the Russian Federation regulating inheritance relations complicated by a foreign element.