Annotation

he article examines whether a bankruptcy trustee may file an application to accept an inheritance with a notary on behalf of a citizen declared bankrupt. The author establishes that, although the Supreme Court of the Russian Federation has developed a settled position on challenging a waiver of inheritance and a failure to accept it, judicial practice resolves the question of the personal exercise of the right to accept inheritance in differing ways. A comparative legal analysis is carried out, on the basis of which three models of exercising this right are identified. The article addresses the personal nature of the right to accept inheritance: the author demonstrates that elements demonstrating its personal character are present, yet are not decisive. The insufficiency of the challenge mechanism for protecting creditors' interests is substantiated, stemming from the length of court proceedings and from the consequences of invalidating a waiver of inheritance. As a result, the author concludes that a special procedure for the acceptance of inheritance by a bankruptcy trustee, subject to judicial control, is required, and formulates the the conditions under which a court may grant such an application.