What are the most common mistakes in inheritance?

The Most Common Mistakes When Handling Inheritance

Handling inheritance is a complex legal process that requires attention to detail and a clear understanding of the law. Heirs often make mistakes that can lead to serious consequences, such as losing property rights or incurring additional financial costs. Let’s take a look at the most common mistakes made when handling inheritance.

Turning to a Notary After the Deadline for Accepting Inheritance

One of the most common mistakes is turning to a notary after the six-month deadline for accepting inheritance has passed. According to Ukrainian law, the deadline for accepting inheritance is six months from the opening of the inheritance, starting from the date of the testator's death. After this deadline, heirs lose the opportunity to accept the inheritance without additional legal procedures, such as filing a lawsuit. Therefore, it is important to contact a notary on time and not miss this deadline.

The False Belief About Automatic Debt Forgiveness

Another common mistake is the belief that the testator’s debts are automatically forgiven upon their death. In fact, heirs are responsible for the deceased's debts, but only to the extent of the inherited property’s value. This means that if the debts exceed the value of the property, the heir will not be required to pay the difference from their own funds. However, it is important to understand that the debts do not disappear and must be paid from the testator’s estate.

Ignoring the Mandatory Share in the Inheritance

Another serious mistake is not considering the mandatory share in the inheritance. The law provides that minor children, disabled parents, and other relatives may claim a share in the inheritance, even if the testator did not mention them in their will. Therefore, if you are one of these individuals, do not ignore your rights to the mandatory share, which guarantees you a minimum portion of the estate, even if the will bequeaths it to others.

Misunderstanding the Right to Choose a Part of the Inheritance

Often, heirs believe they have the right to choose which property they want to receive from the inheritance and refuse part of it. In fact, heirs have the right to accept or refuse the inheritance as a whole, but cannot choose specific items. It is important to correctly understand that under the law, you either accept the entire inheritance or reject it. If you refuse the inheritance, you cannot choose part of the property.

Refusing Inheritance May Be More Economically Beneficial

Sometimes, refusing inheritance can be more economically beneficial, especially if the inheritance includes significant debts. Refusing inheritance allows you to avoid responsibility for the testator's debts. In such cases, refusing the inheritance may be the best option, as the heir will not be required to pay the debts from their own funds if the estate's value does not cover these debts.

How to Avoid Mistakes When Handling Inheritance?

To avoid the aforementioned mistakes, it is recommended to follow a few simple rules:

1. Do not delay handling the inheritance: Contact a notary in a timely manner to avoid missing the deadline for accepting inheritance.
2. Evaluate debts: Before accepting inheritance, carefully check for any debts of the testator.
3. Consult with lawyers: Professional legal consultation will help you understand your rights and obligations correctly.

Block: Question — Answer

Legal consultation: Our lawyers will provide a detailed consultation on handling inheritance and potential mistakes.

Debt check: We will help you check for any debts of the testator.

Representation in court: If necessary, we will provide legal representation in court to resolve inheritance disputes.