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Publication date: 05.11.2024
Lawyer, graduated from the National University "Odesa Law Academy" with honors. Since 2017, I have been specializing in legal and educational and general legal issues. I am the author of legal articles, scientific publications and articles in the educational environment. Mentor of the "Veritas" legal clinic. The owner of the legal blog "Educational_law_ua" on Instagram.
Inheritance without a will is when the deceased did not leave written instructions regarding their property, and the distribution of inheritance is determined by law. In Ukraine, inheritance under the law is regulated by the Civil Code, following a specific sequence. This article will explain how a will is formalized, what a will is, and who will inherit if there is no such document.
What is a Will
A will is a document in which a person specifies who will inherit their property and in what proportion after their death. Writing a will allows the testator to distribute how to draw up a will assets among chosen heirs, regardless of the legal order of inheritance. A will allows the testator the price of a will to protect the financial interests of their loved ones or even transfer assets to specific charitable organizations or other individuals.
Advantages of Making a Will:
- Ability to decide the fate of property independently.
- Protection of heirs’ interests in case of family conflicts.
- Avoidance of distribution by law, which may not reflect the testator’s wishes.
Disadvantages of Not Having a Will:
When a person does not leave written instructions for their property, disputes may arise during the inheritance process. Lack of a will can lead to conflicts among heirs or dissatisfaction with the shares received according to the law.
How a Will is Formalized
In Ukraine, wills must be prepared according to specific rules. The law requires that a will be in written form, signed by the testator, and notarized. There are different types of wills: closed and open. Closed wills keep how to write a will the document's content confidential, while open ones can be disclosed to the heirs immediately upon completion.
Common Questions about Wills:
How to make a will? It’s important to consult a lawyer to avoid mistakes.
How much does a will cost? The cost of a will in Ukraine depends on the type of document and notary fees.
Can a will be changed? A will can be altered or revoked at any time during the testator's lifetime.
Who Inherits Without a Will
When there is no will, inheritance occurs according to the legal order of succession. The law divides heirs into several groups, each of which is entitled to an equal share of the estate. The order of succession is as follows:
- First-order heirs: Children, spouse, and parents of the deceased.
- Second-order heirs: Siblings, grandparents.
- Third-order heirs: Uncles and aunts of the deceased.
If there are no heirs in the first order, representatives of the following orders inherit. If a will has not been made in Ukraine and no heirs are found, the property is transferred to the state.
Role of the State in Inheritance Without a Will:
In cases where there are no heirs from any order, the deceased person’s property goes to the state. This rule also applies when heirs refuse the inheritance or cannot accept it for various reasons.
Question
What if an heir does not want to accept the inheritance?
Answer
If an heir decides to refuse the inheritance, they can do so by submitting a written statement to a notary within six months after the opening of the inheritance. In this case, the right to inherit passes to other heirs.
How to Make a Will: Tips and Recommendations
Choose a reliable notary — It’s advisable to work with a reputable notary who knows how to draft a will correctly.
Document wishes clearly and thoroughly — All property assets should be listed with maximum accuracy.
Check the accuracy of information — The will should contain accurate details about the heirs, including names, addresses, and family relationships.
Types of Wills
There are several ways to write a will that allow the testator’s wishes to be honored:
- Notarized will — a will notarized for greater legal security.
- Closed will — the document is kept in a sealed envelope, and its contents are not disclosed to heirs until the inheritance is opened.
- Oral will — allowed only under special circumstances and must be confirmed by witnesses.
It’s important to remember that the cost of a will may vary depending on the type of document and the complexity of the drafting process.
Why It’s Important to Make a Will
What is a will a will can be essential for those who want to avoid possible conflicts among relatives. Some people, by not leaving a will, risk having their property distributed without consideration of their personal wishes. Moreover, the lack of a document can complicate the inheritance process, especially if there are multiple orders of heirs or numerous potential claimants to the inheritance.
Advantages of Making a Will
Creating a will can be a reliable tool for addressing questions related to asset distribution. A will provides the opportunity to:
- Protect the rights and interests of close individuals.
- Avoid conflicts among heirs.
- Support charitable organizations or other entities, if that is the testator’s wish.
Who Inherits Without a Will
When there is no will, inheritance occurs according drawing up a will to the legal order of succession. The law divides testament heirs into several classes, each with equal rights to the estate. The order of heirs is as follows:
- First class heirs: Children, spouse, and parents of the deceased.
- Second class heirs: Siblings, grandparents.
- Third class heirs: Aunts and uncles of the deceased
In the absence of first-class heirs, the inheritance passes to the representatives of the next classes. If there is no will in Ukraine and there are no heirs, the estate is transferred to the state.
The Role of the State in Inheriting Without a Will:
In cases where there are no heirs in any class, the deceased's property is transferred to the ownership of the state. This rule also applies if heirs have renounced the inheritance or are unable to accept it for any reason.
A will in Ukraine is an important tool for anyone concerned about their family’s future. If you own property or other assets, it is worth considering how to make a will. Writing a will helps prevent misunderstandings and protects the rights of those you wish to support after your passing.
