Publication date: 24.10.2024
Lawyer with 15 years of legal experience, specialization: family and civil law, inheritance, contract law, criminal cases, administrative cases, cases involving foreigners, migration law
The absence of a will by a testator often leads to difficult situations in the distribution of his or her property. In Ukraine, this issue is governed by the rules of inheritance law, which is described in detail in the Civil Code of Ukraine. If a will is not drawn up, the property is distributed by law among the deceased's closest relatives, in accordance with the order of precedence. This process can be controversial and lead to lengthy court proceedings.
What happens when there is no will?
A will is a document in which a person determines who will dispose of his or her property after death. If there is no will, inheritance takes place by law. This means that the inheritance will be distributed in accordance with the heirship lines established by law.
The main heirs by law are the deceased's relatives, who are divided into several lines. Each line has its own priority in inheritance. The closer the kinship, the higher the priority of the heir. However, in the event of conflicts between relatives or if some of them dispute their rights to inheritance, matters may become complicated and require court intervention.
Main heirs by law
If a will is not made, the next of kin are the first to become heirs. Ukrainian law provides for five lines of heirs by law. The order of priority depends on the degree of kinship with the deceased. If the heirs of the first line of succession are absent or disclaim the inheritance, the right of inheritance passes to the next line.
The first line of succession
Such persons are the first to inherit:
- Children of the deceased. These can be both natural and adopted children. No distinction is made between natural and adopted children in the context of inheritance.
- Husband or wife. As a rule, this is a person with whom the testator was officially married at the time of death. The absence of a dissolved marriage is a prerequisite for inheritance.
- Parents. These are the father and mother of the testator, if they are still alive at the time of opening the inheritance.
The second stage
The second line of succession includes:
- Siblings. These can be both full and half siblings (those who share a common father or mother).
- Grandparents on both sides of the family.
The third stage
The third line of heirs is made up of:
- Uncles and aunts. These are the siblings of the deceased's parents.
The fourth stage
The fourth line of heirs includes:
- Persons who lived with the deceased as a family for at least five years before his or her death.
The fifth stage
The last, fifth line of succession includes:
- Other relatives up to the sixth degree of kinship. These may include cousins, nieces, nephews, grand-nephews, etc.
- Disabled dependents of the deceased who lived with him or her for at least five years before death and were dependent on him or her.
The right to a compulsory share in the inheritance
In addition to heirs in line of succession, the law also provides for the right to a compulsory share for certain categories of persons, even if they are not included in the will or are not heirs in the first line of succession. Such persons include:
Minor or disabled children of the deceased;
- Disabled parents or spouse of the testator;
- Disabled dependents who have been fully supported by the deceased for at least five years.
These persons are entitled to half of the share they would have received by law, even if no share is assigned to them in the will.
The nuances of inheritance by law
Inheritance by law is based on several key principles:
- Heirs of the same line have equal rights to inheritance. That is, if the testator had two children and left an inheritance in the form of real estate, each of them will receive an equal share of this property.
- If the heir renounces his or her share or dies before the inheritance is opened, his or her share passes to his or her descendants by right of representation.
Common mistakes in inheritance
- Missing the deadline for filing an application for inheritance. The law clearly states that the heir must file an application for inheritance within six months after the opening of the inheritance.
- Ignoring the need to pay inheritance taxes. Inheritance registration involves the payment of state fees and inheritance taxes, which can become an unexpected financial burden.
- Incorrect execution of documents. Preparing documents for inheritance is a complex process that requires accuracy and compliance with procedures.
Steps to take to properly formalise your inheritance
- Contact a notary no later than six months after the opening of the inheritance.
- Gather a complete package of documents: death certificate, documents confirming kinship, and property titles.
- Check the availability of the will in the Unified Register of Wills and Inheritance Cases to avoid misunderstandings.
Question
What should I do if one of the heirs renounces his share?
Answer
In this case, his share is transferred to other heirs of the same line or to descendants by right of representation. The heir may execute a waiver of inheritance through a notary, but such a waiver is irrevocable and cannot be changed in the future.
If you are facing issues related to inheritance in Ukraine, the experts at Consultant.net.ua can provide comprehensive legal support. Whether it concerns the right of inheritance according to the law in Ukraine, understanding how many queues of inheritance according to law exist, or navigating the differences between inheritance by law and inheritance by will, our team is here to help. We assist with all matters, including entry into inheritance under a will, general rules of inheritance by law, and the inheritance of an apartment by law. Our lawyers will guide you through the process of gathering documents for inheritance by law, handling inheritance by law registration, and ensuring the correct inheritance of property by law. For any questions about inheritance by law in Ukraine or understanding what is inheritance by law, our experienced professionals are ready to assist you.
The main stages of inheritance
Filing an application for inheritance. The heirs must submit the application to a notary within six months.
Obtaining a certificate of inheritance after verification of documents and the absence of disputes between the heirs.
Registration of property rights: registration of real estate or other inherited property on the basis of a certificate.
Receiving an inheritance in the absence of a will in Ukraine has its own legal nuances. Heirs must strictly comply with all legal requirements, deadlines and procedures to avoid losing their inheritance rights. In case of complicated situations or disputes between heirs, it is worth contacting an experienced lawyer to protect their interests and properly formalise their inheritance rights.
