Who Has the Primary Right to Inherit?

Who is the first to claim inheritance?

Inheritance issues are very important, especially when it concerns close relatives. Understanding who has the right to receive inheritance after the death of a relative helps avoid misunderstandings and conflicts among heirs. According to Ukrainian legislation, there are clearly defined groups of heirs who are entitled to the property and other assets of the deceased person. According to the Civil Code of Ukraine, the primary heirs are the children, spouse, and parents of the deceased, who occupy the first place in the queue.

However, situations can vary, and if the deceased left a will, the property is transferred according to their wishes, not by law. This means that if a will exists, inheritance can be distributed among other individuals who are not primary heirs. Therefore, the question of who can claim inheritance depends on several factors, including the presence of a will or court decisions.

Main Groups of Heirs

According to Ukrainian legislation, heirs can be divided into several categories depending on their degree of kinship with the deceased. Accordingly, the lines of heirs are defined as follows:

1. First Line of Heirs: this includes the children, spouse, and parents of the deceased. If there are minor children or persons who were financially supported by the deceased, they have priority in inheritance.
2. Second Line of Heirs: this includes siblings, as well as grandparents. These individuals claim inheritance only if there are no heirs in the first line.
3. Third Line of Heirs: this group includes uncles, aunts, and cousins of the deceased. Inheritance passes to this group only if there are no heirs in the first and second lines.

All these lines are regulated by law, and in case of disputes or misunderstandings, it is important to understand who has the right to receive inheritance according to the specific circumstances.

If the Deceased Left a Will

When the deceased leaves a will, it significantly changes the distribution of property. The will can be made in favor of any person, even if they are not a direct relative. Therefore, the will can alter the lines of heirs, as inheritance will be distributed according to the deceased’s wishes. It is important to note that even if a will was made, it does not mean that relatives cannot contest it in court if there are grounds to declare the will invalid.

What to Do if Inheritance is Disputed?

Disputes between heirs may arise for various reasons: unclear wording in the will, challenges to inheritance rights by certain family members, or other legal issues. In such cases, it is necessary to contact lawyers who specialize in inheritance disputes. Qualified lawyers will help navigate all the nuances of the law, provide advice on inheritance rights, and represent your interests in court if necessary.

Main Steps to Protect Inheritance Rights

• Contacting a Notary: first, it is necessary to contact a notary to open the inheritance case. The notary collects all the documents confirming your rights to the inheritance and carries out the necessary procedures.
• Creating a Will: if you want to transfer your property to a specific person or group of people, creating a will is an important step. This will allow you to clearly define who will receive your inheritance.
• Legal Consultation: it is important to get a consultation from professional lawyers who will help you understand all the legal nuances and actions in case of disputes among heirs.

Questions — Answers

Legal Consultation: Our lawyers will help you understand all the legal nuances of inheritance and prepare the necessary documents to protect your rights.

Document Preparation: We will prepare all the necessary documents for inheritance processing and filing a claim in court if difficulties arise.

Representation in Court: Our lawyers will help you navigate through all stages of the legal process and ensure your rights are protected.