A will and an inheritance contract may seem to do the same thing: decide who gets the property. In practice the difference between them is the difference between a note found after death and a contract signed while both parties are alive. The consequences are entirely different.

1. Secrecy vs openness

A will. Complete confidentiality. Heirs may not know whether they are named in the document at all. The notary reads the contents only after the estate is opened.

An inheritance contract. Complete transparency. All parties sit together at the notary’s office, discuss the terms, and sign the document. No one learns their role after the fact.

This is not merely a formality. The secrecy of a will is often the source of conflict: one heir spent years caring for an elderly parent, certain they would receive the apartment — while another heir, seen once a year, turns out to hold an equal share. The inheritance contract does not produce such surprises.

2. Obligations: now or after death

A will. You cannot legally require an heir to do anything for you right now. You leave the property — what happens with it after your death is the heir’s decision.

An inheritance contract. You can specify reciprocal obligations the heir fulfils during your lifetime. For example: a monthly payment, covering medical costs, providing care, supporting another family member. Failing to meet these obligations is grounds for dissolving the contract through the courts.

This changes the dynamic fundamentally: the heir is not just waiting — they are participating.

3. Freedom to change your mind

A will. Complete freedom. You can rewrite the will as often as you wish, without notifying anyone. The most recent version takes precedence. Heirs find out nothing until the estate is opened.

An inheritance contract. Strict constraints. You cannot unilaterally modify or terminate the contract: you need either the other party’s agreement or a court ruling. If the heir has already begun performing their obligations, they are entitled to compensation for documented expenses.

This is simultaneously a protection for the heir (they cannot be abandoned) and a constraint for you. If the family situation changes, exiting the contract is harder than simply rewriting a will.

4. Which document takes legal precedence

If both a will and an inheritance contract exist for the same property, the law gives priority to the contract — even if the will was written later (Art. 1140.1 of the Civil Code of the Russian Federation).

Both parties should understand this: the inheritance contract is not just “another document” — it sits above the will in the legal hierarchy.

When to choose a will

You want to keep your decision confidential — from heirs, other relatives, or outsiders.
The family situation is unstable and you want to preserve the right to change everything silently at any moment.
You simply need to divide shares without reciprocal conditions or guarantees of care.
There are multiple heirs and open negotiations would create more conflict than they prevent.

When to choose an inheritance contract

You need legally binding guarantees of care or financial support during your lifetime — not just promises, but enforceable obligations.
A complex family: children from different marriages, estranged relatives, risk of conflict after death. An open conversation with fixed rules is better than a surprise at the notary’s office.
You are transferring a business to a successor — with conditions on continuing operations, payments to other shareholders, non-interference from third parties.
You want to transfer property on a specific condition (“the apartment passes to you if you support your mother for the rest of her life”).

There is no universal answer. A will offers freedom and secrecy. An inheritance contract offers obligations and openness. The choice depends on what matters more: the flexibility to change your mind at any moment, or the certainty that the heir will fulfil conditions while you are still alive.

Frequently Asked Questions

Can a will be rewritten without notifying the heirs? Yes. A will is a unilateral, confidential transaction. You may change or revoke it at any time without informing anyone. This is why heirs only learn the contents when the estate opens — and why it so often becomes the source of family conflict.

If both a will and an inheritance contract exist for the same property, which prevails? The inheritance contract. Under Article 1140.1 of the Civil Code, where these documents conflict in relation to the same property, the contract takes priority regardless of when the will was written.

Can the testator sell property that is named in the inheritance contract? Yes. The testator remains the owner during their lifetime and may dispose of the property. However, if the heir has already begun performing their obligations under the contract, the testator must compensate the heir for documented expenses upon any disposal.

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Inheritance Contract vs Will in Russia: How to Choose