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Publication date: 16.10.2024
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Conditions and Procedure for Inheritance by Law
In Ukraine, inheritance occurs either by will or by law. In the absence of a will, inheritance by law applies. Heirs must contact a notary to formalize their rights to the inheritance within six months from the date of the inheritance opening. The general rules for inheritance by law stipulate that property is transferred to the nearest relatives of the deceased according to established hierarchies of heirs, starting with spouses, children, and parents, in cases where there is no will.
The conditions and procedure for inheritance by law involve the transfer of property to the deceased's closest relatives in accordance with established succession rules, which require heirs to submit necessary documentation to a notary within six months of the inheritance opening, should no valid will exist.
Question
What is inheritance by law?
Answer
Inheritance by law refers to the transfer of property to the nearest relatives of the testator according to established order.
The line of succession according to law determines the order in which heirs inherit the property of a deceased person, typically prioritizing close relatives such as children, spouses, and parents, as specified by civil legislation. Rules of inheritance by law dictate the order and priority of heirs based on their relationship to the deceased, ensuring that closest relatives receive the estate first. Rights of inheritance by law grant heirs the legal authority to claim their share of the deceased's assets, subject to compliance with specific procedural requirements. Inheritance of an apartment by law typically involves transferring ownership to eligible heirs in accordance with established succession rules, which may vary by jurisdiction.
What is the order of inheritance according to law
According to the legislation, the order of inheritance by law in Ukraine is determined by the degree of kinship with the deceased. There are five main categories of heirs who inherit property in a specified order. Heirs in the first category have priority over subsequent categories, but in the absence of first-category heirs or their refusal, the right transfers to second-category heirs.
- First Category of Heirs. The first category of heirs by law includes children, spouses, and parents of the deceased. They are the closest relatives and inherit first. Children born after the death of the deceased also have the right to inherit. If one of the first-category heirs refuses the inheritance or cannot accept it, their share is distributed among the other heirs of that category.
- Second Category of Heirs. If there are no first-category heirs, the right to inherit passes to the second category. This group includes the deceased's siblings and grandparents on both sides.
- Third and Subsequent Categories. The third category of heirs includes the deceased's aunts and uncles. The fourth includes individuals who lived with the deceased in the same household for at least five years before their death. The fifth category includes other relatives of the deceased up to the sixth degree of kinship. It's important to note that relatives of a closer degree exclude those who are further removed.
- Fourth Category of Heirs by Law. In the fourth category, individuals who lived with the deceased for at least five years before the opening of the inheritance have the right to inherit. This means that their cohabitation and interaction were sufficient to be considered close.
- Fifth Category of Heirs by Law. In the fifth category, the right to inherit belongs to other relatives of the deceased who are related up to the sixth degree. Here, closer relatives always have precedence over more distant ones, as well as dependents who received financial support from the deceased for at least five years but were not family members.
Inheritance without a will in Ukraine occurs by law and includes the established order of heirs.
The order of inheritance by law grants priority to the closest relatives, starting with children, spouses, and parents.
If there are no heirs in one category, the right passes to the next category of heirs.
To obtain an inheritance, heirs must submit a series of documents. The main documents include:
- death certificate of the deceased;
- documents confirming kinship with the deceased;
- passport or another identity document of the heir;
- certificate of the deceased's residence;
- other documents that may be required by the notary or court.
Inheritance of property according to the law occurs in accordance with established norms. Heirs receive shares of the deceased's property equally unless otherwise stipulated by law or an agreement among heirs. For example, if all first-category heirs accept the inheritance, each has the right to an equal share of the property.
Legislation also provides for the right of representation in inheritance. This means that if an heir died before the inheritance was opened, their descendants may inherit the share that would have belonged to their deceased relative. This rule applies to grandchildren, great-grandchildren, nieces, and nephews of the deceased.
In cases of inheritance by law, adopted children are treated as biological children and have the same rights to inheritance as biological children of the deceased. It's important to note that adopted children do not inherit from their biological parents if the legal bond with them was severed.
Why It's Worth Consulting Lawyers
The inheritance process can be quite complex, especially in cases of disputes between heirs or the absence of proper documentation. Lawyers at the "Consultant" service can help you navigate all the nuances of inheritance by law, prepare the necessary documents, and protect your rights.
Lawyers at the "Consultant" service will provide comprehensive legal support when obtaining an inheritance by law. Here’s a list of key services that may be helpful during inheritance procedures:
- Consultations — specialists provide advice on the process of formalizing inheritance, including legal nuances for heirs acting by law. You can receive consultations from lawyers as well as through a mobile app.
- Document Preparation and Review — specialists assist in preparing necessary documents for the notary, including applications for inheritance acceptance, requests to state registries, and property rights documentation.
- Case Support — lawyers accompany heirs at all stages of the process, from document submission to obtaining a certificate of inheritance rights. This also includes representing interests in court in case of disputes between heirs.
- Legal Analysis — specialists ensure that all actions comply with current Ukrainian legislation, including clarifying tax obligations and the rights of heirs.
General rules of inheritance by law outline the procedures and time frames within which heirs must act to secure their inheritance following the death of a property owner. Rules of inheritance by law also encompass provisions for the division of property, which may require negotiation among multiple heirs if disputes arise. Inheritance by will in Ukraine is governed by the Civil Code, allowing individuals to designate their heirs and specify the distribution of their assets through a legally valid testament.
Lawyers at the "Consultant" service will help calculate the size of the shares of the heirs, ensure proper inheritance documentation, and resolve issues related to the order of inheritance.
Inheritance by law is the primary means of acquiring the property of the deceased in the absence of a will. The order of inheritance depends on the degree of kinship, and closest relatives have precedence over others. In case of difficulties in formalizing inheritance or disputes among heirs, it is advisable to consult lawyers for professional assistance and advice.
