Inheritance in Uzbekistan

Inheritance law constitutes a set of legal rules governing the transfer of property rights and obligations after the death of an individual. In Uzbekistan, this area is characterized by a stable legal tradition based on the Civil Code of the Republic of Uzbekistan (the “Civil Code”) and the established judicial practice of the Supreme Court. Recent reforms have placed increased emphasis on the protection of property rights, legal certainty, and guarantees of private ownership.

Pursuant to Articles 1112–1113 of the Civil Code of the Republic of Uzbekistan, inheritance takes place either by law or by will. The estate includes all property rights and obligations belonging to the deceased at the time of opening of the inheritance, with the exception of personal non-property rights and obligations inseparably connected with the personality of the deceased.

The Plenum of the Supreme Court of the Republic of Uzbekistan further clarifies the composition of the estate, including rights to savings, land lease rights and inheritable possession rights, as well as restrictions concerning unauthorized or unregistered constructions, which may be included in the estate only after recognition of ownership rights (paragraphs 3–4 of the Plenum Resolution dated 20 July 2011 No. 05, as amended).

Grounds For Inheritance: by Will and by Law

The Civil Code establishes a dual inheritance regime: inheritance by will as the primary means of expressing the testator’s intent, and inheritance by law as a secondary mechanism applicable in the absence of a will or in cases of partial invalidity thereof.

From a doctrinal perspective, the institution of a will emphasizes the principle of freedom of testamentary disposition, including:

• appointment of any heirs (including legal entities and the state);
• disinheritance of statutory heirs;
• substitution of heirs;
• establishment of conditions and legacies.

However, testamentary freedom is limited by the institution of the compulsory share, which guarantees protection of incapacitated persons, reflecting the social orientation of inheritance law.

Inheritance by Law and Order of Succession

The order of statutory heirs is established by Articles 1135–1139 of the Civil Code and forms six degrees of succession, including:

• children, spouse, and parents;
• siblings, grandparents;
• uncles and aunts, etc.

Particular attention is paid to incapacitated dependents and the right of representation, allowing descendants of a deceased heir to inherit the latter’s share. These institutions are actively developed in the judicial practice of the Plenum of the Supreme Court.

Judicial Interpretation and Law Enforcement

The Plenum of the Supreme Court of the Republic of Uzbekistan plays a system-forming role in the unification of judicial practice. Resolution No. 05 dated 20 July 2011 (as amended in 2018 and 2024) aims to:

• eliminate conflicts between legal norms;
• ensure proper order of succession;
• guarantee stability of notarial acts;
• limit abuse in declaring heirs unworthy.

Of doctrinal significance is the prohibition on approving settlement agreements in disputes related to challenging wills, which ensures the public-law nature of the relevant legal relations.

Escheated Property

In the absence of heirs, property is recognized as escheated and passes into the ownership of local self-government bodies (mahalla, citizens’ assembly), and in case of their refusal — to the state. Judicial proceedings in such cases have a special nature, confirming the public importance of this institution.

Interaction Between Inheritance Law and Civil Turnover

Modern legal doctrine links inheritance law with:

• protection of property autonomy of citizens;
• development of private ownership;
• stabilization of civil turnover.

Uzbek law demonstrates a strengthening of the role of notaries and procedural safeguards for the protection of estates, including the institution of an estate administrator.

Inheritance law in Uzbekistan is characterized by:

• normative consistency;
• stability of core institutions;
• social guarantees of the compulsory share;
• expansion of judicial explanations and unification of practice.

The vector of reforms is aimed at strengthening private-law autonomy and protection of property interests of citizens while preserving public guarantees and social balance.

Inheritance by Law vs. Inheritance by Will

Criterion	Inheritance by Law	Inheritance by Will
1. Legal basis	Applies in the absence, invalidity, or incompleteness of a will	Based on the testator’s expressed will
2. Legal nature	Automatic succession according to statutory order	Dispositive expression of private autonomy
3. Priority	Secondary	Primary, subject to compulsory share
4. Circle of heirs	Limited by law (Arts. 1135–1139)	Unlimited (individuals, legal entities, state, mahalla)
5. Degree of kinship	Determinative	Irrelevant
6. Disinheritance	Not permitted	Permitted without justification
7. Compulsory share	Not independently applied	Restricts testamentary freedom
8. Substitution of heirs	Not allowed	Allowed
9. Legacies and charges	Not applicable	Fully applicable
10. Testamentary conditions	Not allowed	Allowed if lawful
11. Confirmation of rights	Notarial certificate after 6 months	Same procedure
12. Order of succession	Strict statutory order	No order
13. Right of representation	Widely applied	Limited
14. Dependents	Included under Art. 1141	Only by will (except compulsory share)
15. Distribution of shares	Equal within the order	At testator’s discretion
16. Dispositivity	Minimal	Maximum
17. Specific assets	Not allowed	Allowed
18. Choice of heirs	Absent	Full freedom
19. Unworthy heirs	Excluded by court	Same
20. Spousal rights	Preserved	Preserved
21. Accretion	To statutory heirs	To testamentary heirs
22. Role of notary	Formal + protection	Formal + interpretation
23. Challenges	Rare	Frequent
24. Waiver	Allowed	Allowed
25. Burden of proof	Minimal	High
26. State participation	As escheat	Possible heir
27. Social function	Protective	Private-law
28. Creditors’ interests	After succession	With testamentary burdens
29. Stability of turnover	High	Medium
30. Supreme Court practice	Succession order	Validity and interpretation
31. Transmission	Yes	Yes
32. Escheat	Common	Rare
33. International aspect	Neutral	Significant
34. Psychological aspect	Fewer conflicts	More conflicts
35. Pre-emptive rights	Applicable	Applicable

Statutory Order of Heirs

Order	Heirs	Notes
I	Children (including adopted), spouse, parents	Equal shares; posthumous children included
II	Siblings, grandparents	Equal shares
III	Uncles and aunts	Equal
IV	Relatives up to sixth degree	Closer degree prevails
V	Incapacitated dependents	Up to 1/4 collectively
VI (conditional)	By transmission / representation	Not a formal order

Persons Who Do Not Inherit in Uzbekistan

Category	Reason	Mechanism	Authority	Notes
Unworthy heirs	Intentional unlawful acts	Exclusion	Court	Intent required
Persons attempting to kill testator	Intentional act	Exclusion	Court	Exception if later will
Obstruction of testator’s will	Intentional interference	Exclusion	Court	Must be intentional
Deprived parents	Parental rights revoked	Automatic exclusion	Court	Applies to statutory succession
Evading maintenance	Failure to support	Exclusion	Court	Proof required
Disinherited by will	Testator’s decision	Disinheritance	No court	Representation applies
Waiver of inheritance	Voluntary refusal	Waiver	Notary	Irrevocable
Failure to accept	Missed deadline	Loss of rights	Law	6 months
Excluded from compulsory share	Unworthiness	Combined	Court	Not absolute
Deceased before opening	No legal subject	Legal fact	Law	Representation applies
Outside statutory order	No legal basis	Law	Law	No kinship
State with heirs present	Subsidiary	Court	Only escheat
Mahalla upon refusal	No basis	Court	Only escheat