Publication date: 19.07.2025
I am Anastasiia Tymchenko, a lawyer and attorney with over 25 years of experience. I specialize in civil, commercial, and labor law. I have extensive experience in legal support for businesses, court representation, and contract work. I have worked as the head of legal departments and taught legal disciplines.
Case Description: Legal Service – Inheritance by Law and by Will
Inheritance of property is a legal procedure for the transfer of rights to a deceased person’s property to their heirs. In Ukraine, inheritance is carried out in two main ways: by will and by law. Each of these methods has its own specifics, rules, principles, and procedures defined by the Civil Code of Ukraine and other regulatory acts.
This case describes legal assistance provided to a client who missed the deadline for accepting an inheritance by will, along with a detailed explanation of key concepts and rules of inheritance in Ukraine.
Client Request
In 2022, a month after the testator’s death, a state notary office explained the procedure for inheritance by will to the client. The notary outlined the list of necessary documents and highlighted the deadline for submitting the application to accept the inheritance. According to the Resolution of the Cabinet of Ministers of Ukraine No. 719 dated June 24, 2022, the deadline was 10 months – until November 2023.
However, starting June 18, 2023, under Resolution No. 469 dated May 9, 2023, this deadline was reduced to 6 months. The client missed this change due to circumstances involving illness and caring for their mother, leading to a missed deadline.
When the client approached a private notary, they were refused a certificate of inheritance by will due to the missed deadline.
Actions Taken to Protect Client’s Rights
- A thorough analysis of current legislation and case details was conducted.
- It was established that the delay was caused by valid reasons — caring for a critically ill mother.
- A legal basis was found for filing a court petition to extend the inheritance acceptance period.
- The appropriate petition was drafted and filed with the court.
- During the court proceedings, the validity of the delay was proven.
Outcome
The court recognized the reasons for missing the deadline as valid and granted the client an additional 3-month period to submit the inheritance acceptance application. Thanks to timely legal support, the client was able to retain their inheritance rights and proceed with the inheritance by will.
Inheritance in Ukraine: Key Concepts, Types, and Procedures
What is inheritance?
- Inheritance is the transfer of the property rights and obligations of a deceased person (testator) to other persons (heirs) either by law or by will.
- Inheritance by will – heirs are designated according to the testator’s will.
- Inheritance by law – if there is no valid will, heirs are determined based on legal rules.
Principles of inheritance by will
- Definition: transfer of property based on the testator’s expressed wishes in a will.
- Grounds: existence of a valid will.
- Rights: only those named in the will have the right to inherit.
- Conditions: the will must comply with legal formalities.
- Rules: define the procedure for opening the inheritance, submitting the application, and issuing certificates of inheritance.
Inheritance by Law: Key Aspects
. If no valid will exists, property is transferred to heirs according to legally defined order of succession?The law provides for 8 levels (tiers) of heirs, each succeeding level inherits only if the previous one has no eligible heirs
How many tiers are there in inheritance by law?There are 8 legal tiers
How many tiers are there in inheritance by law?There are 8 legal tiers
- First tier – children, parents, spouse
- Second tier – siblings, grandparents
- Third tier – uncles, aunts
…and so on.
Documents required for inheritance by law
- To formalize inheritance by law, the heir must submit to a notary:
- Death certificate of the testator
- Documents proving familial ties (e.g., birth/marriage certificates)
- Application for acceptance of inheritance
- Any other documents requested by the notary
Procedure for Inheritance by Will
- The inheritance is considered opened on the date of the testator’s death.
- Collect all necessary documents.
- Submit the inheritance acceptance application to a notary within the established deadline.
- Obtain the certificate of inheritance.
- Register the inheritance rights for real estate or other property.
Important Notes About Deadlines
- The general deadline for submitting an inheritance acceptance application is 6 months from the date of the testator’s death.
- During martial law or emergencies, this period may be changed by government decree (e.g., extended to 10 months, then reduced again).
- Missing the deadline may result in denial of the inheritance certificate.
- However, the law allows for court petitions to extend the deadline if there are valid reasons.
Inheritance of an Apartment by Law
Inheritance of real estate, such as an apartment, follows the general rules of inheritance. It is critical to register inheritance rights on time to avoid future legal and property disputes.
Question
What if the inheritance acceptance deadline is missed?
Answer
You can petition the court to extend the deadline if there are valid reasons (e.g., illness, caregiving, force majeure).
Question
What is the deadline for inheritance by will or by law?
Answer
Usually 6 months from the date of the testator’s death, though temporary regulations may apply during emergencies.
Question
What is inheritance by will, and how is it different from inheritance by law?
Answer
Inheritance by will follows the testator’s wishes expressed in a valid will, while inheritance by law applies when no valid will exists, distributing assets according to legally defined succession.
Inheritance in Ukraine is a complex legal process requiring strict compliance with legal deadlines and procedures. Inheritance by will gives priority to the testator’s last wishes, while inheritance by law follows statutory order.In case of a missed deadline for acceptance — like in this case — it is possible to protect your rights through the courts, which was successfully achieved for our client.If you need advice or legal assistance with inheritance by law or will, our lawyers are ready to provide qualified support at every stage.
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