History of the Concept of "Inheritance"

The "Russkaya Pravda" (11th century) is one of the earliest sources where the regulation of hereditary relations is reflected. Inheritance here is called "zadnitsa" or "ostatok", which implies the property left after the deceased. Items that passed by inheritance included movable property, for example, slaves and livestock, the house, the yard and goods. As for land, inheritance of land was impossible because it was not a private object of ownership. There was no distinction at that time between inheritance by law and by custom.

If the deceased left no will, he was called a testator "bez ryadu", and his property was inherited only by family members. Moreover, according to the "Russkaya Pravda", inheritance occurred from the parents. At the father's death all property passed to the children of the wife, and illegitimate children were not taken into account. Sons received the inheritance first, and only in their absence did daughters inherit. If a son inherited all the parents' property while there were daughters in the family, the latter remained in the house until marriage, and the brother was obliged to provide the sister with a dowry "as they can". In the absence of a will, the inheritance was divided equally among the children, but the house with the yard invariably passed to the youngest son.

In a later period (1397), the "Pskov Judicial Charter" was compiled, which divided inheritance into that left by will — "prikaznoe" — and that passing without a will — "otmorshinu". The former distinction between the two grounds was altered and acquired independent significance, appearing in the responsibilities and rights of all heirs. A will was drawn up in written form and at that time was called "poryanoy" or "rukopisanie". Now the number of heirs included not only children but also nephews, the "blizhnye plemya". Acceptance of inheritance could now take place both from husband to wife and vice versa, and for all property. The charter also determined inheritance of ascending relatives, father and mother.

The Statute of the Grand Duchy of Lithuania of 1529 (one of the first codified laws in Europe. Created by order of Grand Duke Sigismund I. The main sources of the statute are local customary law, privileges, decrees of judicial and state institutions, some norms of the Russkaya Pravda and foreign law adapted for local needs.) states:

17. If anyone bequeathed anything to someone in a will or in a document and announced it before the Grand Duke and the lords-rada, then it must be held forever.

We also establish and admit, by the advice of our councilors, that if anyone, being in good health, personally appeared before our Majesty or before some of our povet officials of the county in which he lives, and bequeathed to someone else by will or by record one third of his hereditary property by paternal or maternal line, and the person to whom this property is bequeathed had our permission or the permission of our county official, then such a will or record shall have force. And if someone bequeathed one third of his property without our permission or without the permission of our county official while being sick, but had worthy witnesses, such a document shall have force. However, after the testator's death that document must be confirmed for the relatives by us, the Grand Duke, or by the lords of the rada.

In the Statute of the Grand Duchy of Lithuania of 1566 the eighth section ON TESTAMENTS (On wills) consists of eight articles:

АРТЫКУЛЪ 1.
Who may and who may not make a testament concerning their movable things.
АРТЫКУЛЪ 2.
On testaments concerning movable things acquired in name, how they are to be made.
АРТЫКУЛЪ 3.
On witnesses who must be present at the drawing up of testaments.
АРТЫКУЛЪ 4.
No one may record anything for his slave unless he makes him free.
АРТЫКУЛЪ 5.
Every traveling servant and townsman without privileges, and likewise a common man as he has, may make a testament.
АРТЫКУЛЪ 6.
If a testament was not properly drawn up in some respect.
АРТЫКУЛЪ 7.
Reasons for which a father may exclude or remove a son from the names (inheritance).
АРТЫКУЛЪ 8.
On the blind person.

In Russia, almost until Peter I's accession to the throne, little attention was paid to the development of inheritance by law or by will. The next stage in development was Peter I's decree of 1714, on "the inheritance of all property by one son", since dividing estates reduced their value and the amount paid to the treasury for the use of the land. Estates and patrimonies became indivisible property.