Who has the right to inheritance if there is no will?

Who has the right to inheritance if there is no will?

Inheritance law in Ukraine clearly defines who may claim inheritance if there is no will. It is important to understand that without a will, the inheritance is passed according to the law, as regulated by the Civil Code of Ukraine. As a general rule, the inheritance is divided among the heirs based on their degree of kinship, that is, the degree of family connection to the deceased.

Inheritance heirs' ranks

The law defines five ranks of heirs, among which the deceased's property is distributed. First of all, it should be understood that the rank of heirs determines the order in which individuals may claim the inheritance. The order is as follows:

1. First rank heirs: children, spouses, and parents. These individuals are the primary heirs, and if they exist, the inheritance goes to them. If there are no children or one of the spouses, the property is inherited by the parents.
2. Second rank heirs: brothers, sisters, grandparents. If there are no heirs of the first rank, the inheritance is granted to the deceased's siblings or grandparents.
3. Third rank heirs: uncles and aunts. These are relatives who can inherit only in the absence of heirs in the previous ranks.
4. Fourth rank heirs: great-grandparents. If none of the above relatives claim the inheritance, the right to inherit passes to the great-grandparents.
5. Fifth rank heirs: other relatives, such as cousins. They may claim the inheritance only if there are no relatives in the previous ranks.

It is important to remember that if there are no heirs in any of these ranks, the inheritance passes to the state. However, this can be challenged if there are special conditions or circumstances.

How can the order of heirs change?

The order of heirs can change in exceptional cases, such as when one of the heirs treated the deceased improperly. In such situations, the heir may be deprived of the right to inherit, and this issue is resolved only by the court. Such a decision may be made based on evidence of inappropriate behavior toward the deceased.

There are also cases where an heir may be restricted in their right to inherit due to certain circumstances defined by law or by a court ruling. For example, if an individual was deprived of parental rights or declared unworthy by the court.

Rights and duties of heirs

Heirs not only have the right to inheritance but also certain duties. First, they are obliged to inform the notary of the deceased's death, which initiates the inheritance process. They also have the right to refuse the inheritance if it contains unpaid debts, or conversely, to accept the inheritance with all its assets and liabilities.

If you have any questions

If you have any questions regarding inheritance or need a legal consultation, do not hesitate to contact our legal service. Our specialists will provide detailed consultation and assist in resolving any issues related to inheritance.

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Legal consultation: Our lawyers will provide a detailed consultation on your rights and duties as an heir.

Document preparation: We will assist you in properly preparing all the necessary documents for inheritance.

Court representation: If disputes arise regarding inheritance, our lawyers will protect your interests in court.