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Publication date: 06.03.2025
☑️ State executor - I know everything and even more about the execution of court decisions. ☑️Lawyer of a cool retail company - full legal support of business. ☑️ Head of the rental department - I know all the "pitfalls" of rental relations. ☑️A lawyer - I will substantiate any legal position.
Initial Data. After the father's death, an inheritance case was opened regarding a share of an apartment. One of the deceased’s daughters was registered in the apartment and already owned ⅓ of it. Her sister, the direct heir who lived in another city, also claimed her right to inherit ⅓ of the apartment. However, according to the first sister, the client was not entitled to the inheritance since she lived elsewhere and did not care for their sick father.
Solution. Provide evidence of assistance to the father and gather witnesses.
Result. The court recognized the client’s ownership of ⅓ of the apartment under inheritance law.
Property Ownership Disputes Among Heirs
Ownership disputes between heirs who lived with the deceased and those who did not can have several important aspects to consider.
- Order of Inheritance. If there is no will, the inheritance is distributed according to the order of succession under the law (Article 1261 of the Civil Code of Ukraine). Most disputes arise among first-order heirs (children, spouse, or parents of the deceased).
- Acquisition of Ownership. Mandatory Share Right. If first-order heirs are not mentioned in the will, they are entitled to at least ½ of the share they would have received by law (Article 1241 of the Civil Code). Joint Ownership. If the deceased and one of the heirs jointly acquired property, this may affect the distribution of the inheritance.
- Right to Residency and Preferential Inheritance Rights. If an heir lived with the deceased and was registered at the residence at the time of death, they have the right to use the property until the inheritance issue is resolved (Article 1226 of the Civil Code). The heir who used the inherited property has a preferential right to it, for example, if they lived together in the apartment with the deceased (Article 1259 of the Civil Code).
- Acceptance of Inheritance. Heirs who did not live with the deceased must submit a claim for inheritance within six months (Article 1270 of the Civil Code). If the claim is not filed, this may result in the loss of the right to inherit. Those who lived with the deceased are considered to have automatically accepted the inheritance (unless they refused it).
- Challenging Inheritance. Invalidation of the Will. If there are suspicions of forgery, coercion, or the deceased’s incapacity. Recognition of Property Ownership Due to Long-Term Possession. If an heir has taken care of the property for years, carried out repairs, etc. Exclusion from Inheritance. If one of the heirs avoided helping the deceased, who was in a helpless state due to old age, severe illness, or disability.
When Do You Need a Lawyer?
- Challenging a Will. If there are doubts about its authenticity, coercion, or the deceased’s mental competence.
- Recognition of Ownership Rights. If the heir possessed the property during the deceased's lifetime, but it was not included in the inheritance.
- Violation of Heirs’ Rights. If someone was unlawfully deprived of their share or their rights were ignored.
- Division of Common Inherited Property. When heirs cannot agree on the distribution of real estate, businesses, land plots, etc.
- Missed Inheritance Claim Deadline. If it is necessary to restore the six-month deadline.
- Preferential Right to Property. If the heir lived in the inherited apartment or cared for the deceased.
How Can a Lawyer Help in Court?
- Document Analysis. Reviewing wills, certificates, contracts, and statements.
- Assistance with Evidence. Gathering proof of inheritance rights (witness statements, receipts, residency and care certificates, etc.).
- Filing Claims or Objections. Preparing legal documents for court.
- Court Representation. Defending the client’s rights during hearings.
- Enforcement of Court Decisions. Assisting in the execution of court rulings.
Key Legal Provisions
Heirs who lived with the deceased are considered to have automatically accepted the inheritance (unless they refused).
Joint Ownership. If the deceased and an heir jointly acquired property, this may impact inheritance distribution.
A person may be excluded from inheritance by court decision if it is established that they avoided assisting the deceased, who was in a helpless state due to old age, severe illness, or disability.
If a dispute arises, it can be resolved through a notary (in the case of an amicable settlement) or in court. It is crucial to have evidence of residency, care for the deceased, and participation in property expenses. Experienced lawyer Iryna Seryohina will help navigate the legislation, provide consultations on the legal division of property, and protect the client’s interests from misunderstandings and injustice in court.
