In accordance with the law, one of the most important principles of inheritance is freedom of wills. However, the right of the successor in this case may be limited. One of the indispensable conditions that the will provides is an obligatory share in the inheritance. Consider this point in more detail. 
GK: required share in the inheritance
The law defines the category of persons who are entitled to property in any case. This provision applies even if, in accordance with the will, all property must be transferred to the chosen successors. Inheritance of the mandatory share in the inheritance acts as a minimum guaranteed by law. He stands out to the most unprotected successors, even if, by the decision of the owner, they are deprived of the right to a share in his property.
List of persons
The parents and the owner’s spouse, dependents, and children have an obligatory share in the inheritance. The last category includes all minors. The ability to obtain an obligatory share cannot pass to the heirs of the deceased successor by right of representation.
Disabled or minor children
An obligatory share in the inheritance shall be vested in these persons if, even before the age of 18, they have entered into marriage or have been declared legally competent for other reasons. According to the Federal Law No. 173, all persons who have not reached the age of majority are recognized as disabled, regardless of whether they work or study. Children adopted after the death of the owner are also entitled to an obligatory share in the inheritance. This is due to the fact that at the time of the death of the relationship with the owner of the property, acting as their parent, were not terminated.
Along with this, the legislation provides for an obligatory share in the inheritance for an unborn child by the time the succession is opened. In this case, it is recognized as a future possible subject of law. If the child is born alive, then he will become the heir. In the event of his death during childbirth, he is recognized legally non-existent. Thus, the child receives the right to inherit if he lived even a few minutes. 
Disabled parents and spouse
The legislation does not give a clear definition of the concepts of disability and dependency. These categories regarding hereditary legal relations were established at one time by the Decree of the Plenum of the USSR Armed Forces of July 1, 1966 No. 6. However, in modern conditions, one should be guided by the provisions of the Federal Law of December 17, 2001. There are the following disabled categories, which are required to share in the inheritance:
- Pensioners (women from 55 years old, men from 60 years old).
- Disabled 1-3 groups. This status should be established by medical and social expertise. A restriction on the performance of labor should also be defined.
Disabled dependents
For the recognition of a person as such, the following grounds must be simultaneously available:
- Disability. In this case, to determine the status, it is necessary to proceed from the above conditions. Minors are an exception. They are recognized as dependents under 16, and students under 18.
- Material support. In order for a person to be recognized as a dependent, he must be fully supported by the owner of the property or receive help from him, which will be considered a permanent and main source from which the means of subsistence come from.
- Duration of dependency. It must last at least a year before the date of opening of the succession.
Limitations
The obligatory share in the inheritance is not assigned to the successors of the second and next stages. Persons participating in the legal relationship by the right of representation cannot receive it either. The exception in the latter case are those citizens who were dependent on the owner.
The size
The value of part of the property transferred will depend on the date of creation of the succession document. If this was done before March 1, 2002, then the mandatory share in the inheritance is not less than 2/3 of the part that would be due upon transfer of property under the law. If the document is created after the specified date, then at least half. According to the current Civil Code, the minimum amount of the mandatory share will be half of the part that would be obtained by dividing the total mass of the inheritance by the number of successors under the law, if they were called in the absence of a will. At the same time, participants in legal relations by presentation law are taken into account. 
Special cases
Article 1149 of the Civil Code provides for the possibility of a court to take into account the property status of successors who have an obligatory share. Accordingly, the size of the part can be reduced. The court also has the right to refuse to issue an obligatory share. This may occur if the implementation of this opportunity entails the inability to transfer the due portion, which the successor did not use during the life of the owner, but was used by the heir by will as the main source from which the income came, or for living.
The exercise of law
If part of the property is transferred by will, the mandatory share is allocated from the remaining property. A share not indicated in the document is divided equally among other successors. If this property is not enough, then the missing amount is withheld from the part transferred by will. The mandatory share includes everything that the heir, who has the right to it, receives for any reason, including the cost of a testament refusal established in favor of this person. 
Example
The heir appeals to the court with a request to refuse to award the required share in the inheritance.
After the death of the owner, several persons turned to the notary with a statement of the right to receive his property under the law. Among them is the successor under testament A, as well as the successor under the law, which is required to share, which is confirmed by a certificate. The latter is the son of the owner and recognized as disabled. The successors to the law are the four children of the deceased. In the case of inheritance by law, the indicated son would be entitled to 1/4 in the common law, the mandatory share would be 1/8.
The court did not establish the totality of the circumstances that are provided for in Article. 1149, part 4, of the Civil Code for refusing to award a part to the defendant, since his financial situation turned out to be slightly higher than the material possibilities of the plaintiff. The latter, as a testament heir, until the death of the owner did not use his property either for living or as a source of livelihood. It should be noted that in the process of certifying a document on the transfer of real estate by a notary public, the contents of Article 1149 were explained. According to its provisions, an obligatory share is due to disabled children. The defendant at the time of the will was already such. As a result, the court came to the conclusion that there are no grounds for refusing to award the owner’s legally incapable son the relying portion of it. The claim was not satisfied. 
Renouncement
The heir to whom the obligatory share is entitled has the right to refuse it, but not in favor of other successors, but unconditionally. This prohibition is determined by the specific purpose of such a part of the transfer of property. As mentioned above, it acts as material support for the least protected participant in these legal relations.The heir receives the right to such a share in the inheritance due to the presence of statutory signs (incapacity for work, minority, etc.). Transferring this opportunity to other persons would directly contradict the purpose and essence of this part of the property. Refusal of a mandatory share cannot be taken back or changed. 
Finally
The restriction established by law in the form of an obligatory share is aimed at ensuring the protection of entities that, due to age or state of health, cannot independently provide themselves with livelihood in full. This institution protects the interests of not only the above individuals, but also society and the state as a whole. This is due to the fact that the lack of a source of income for the above-mentioned persons aimed at ensuring their existence can lead to adverse social consequences, necessitating the provision of additional assistance, except for benefits and pensions assigned by status.