Civil aspects of the execution of a will: problems of law enforcement

The author comes to the conclusion that the heirs of the will carry out the execution of the will by agreement among themselves, if it is impossible to achieve such consent in the manner prescribed by the court. We consider it necessary to consolidate the provision according to which each of the heirs is charged with taking urgent measures for the protection and management of hereditary property, receiving payments due to the testator, making settlements with the debtor's creditors, while the heirs must bear these obligations jointly. Accordingly, the heir who has carried out any actions and incurred costs has the right of recourse to the other heirs in shares proportional to the share in the inheritance. In hereditary legal relations, heirs act as joint creditors and debtors in relation to each other, therefore it is necessary to reflect this provision in the current Civil Code of the Russian Federation. It is proved that legal relations on the execution of a will arise from a civil contract, which refers to the type of service contracts, but it is difficult to attribute it to any contractual structure fixed in the Civil Code of the Russian Federation. It is established that the Russian legislation does not provide for the possibility of concluding an agreement between several heirs on the execution of a will. Although, a situation is quite acceptable when one of the heirs has special knowledge and experience and can execute the will much faster and more efficiently than the other heir, so he can assume the authority to execute the will both in part of the share due to him and in part of the share due to the second heir. Accordingly, it is advisable to establish a rule on the possibility of concluding an agreement on the procedure for the actions of performers, to fix such an agreement in the Civil Code of the Russian Federation.