Publication date: 25.03.2024
The institution of inheritance in Ukraine is an essential component of civil law that regulates the transfer of property rights and obligations from a deceased person (the testator) to other individuals (the heirs).
Rights and Obligations of Heirs
Regarding the Right to Accept Inheritance
An heir has the right to accept or refuse inheritance.
To accept inheritance, an heir who did not reside with the deceased needs to personally submit a statement of acceptance of inheritance to a notary or to a village or township council.
An heir who resided permanently with the deceased, as well as minors, incapacitated persons, or individuals with limited legal capacity, if they have not declared their refusal to accept inheritance, are considered to have accepted the inheritance. In such circumstances, heirs do not face negative consequences if they fail to submit a statement of acceptance of inheritance.
Regarding Deadlines for Accepting Inheritance
It is very important to submit a statement of acceptance of inheritance within the prescribed period, which is six months from the moment of inheritance opening. Failure to submit a statement of acceptance of inheritance within the prescribed period will result in the heir being considered as not accepting the inheritance. In case of missing the deadline for accepting the inheritance, there are only two ways to accept it.
The first way is if the heirs who have accepted the inheritance give written consent. In this case, the heir can apply to the notary with a statement of acceptance of inheritance along with the written consent from other heirs, accept the inheritance, and obtain a certificate.
The second way is to apply to the court with a claim to establish an additional period for accepting the inheritance. However, keep in mind that the court may establish an additional period for accepting the inheritance only if there is evidence of a serious reason for missing the deadline. Serious reasons for missing the deadline for accepting the inheritance can be proven by an inheritance lawyer in the lawsuit with relevant and admissible evidence.
According to judicial practice, the court recognizes as serious reasons for missing the deadline for accepting the inheritance the prolonged illness of the heir, prolonged stay abroad, and providing evidence of the impossibility to appear at the consular institution or diplomatic representation of Ukraine.
The Supreme Court establishes the absence of legal grounds for establishing an additional period for accepting the inheritance in case of lack of information about the death of the testator. That is, such a reason for missing the deadline for accepting the inheritance as unawareness of the testator's death is not considered a serious reason, and the court, due to the lack of information about the testator's death, refuses to establish an additional period for accepting the inheritance.
Regarding the Right to Refuse Inheritance
Among the rights of heirs is the right to refuse inheritance and the right to refuse inheritance in favor of another person.
To refuse inheritance, an heir needs to submit a statement of refusal to accept inheritance to a notary or another authorized official.
Refusal to accept inheritance by will is possible only in favor of another heir by will, and refusal to accept inheritance by law is possible only in favor of another legal heir of any queue.
In case of refusal to accept inheritance by will or by law without specifying in whose favor, the corresponding share in the inheritance passes in equal parts to other heirs by will or by law of the same queue and is distributed equally among them.
Regarding the Transfer of the Right to Accept Inheritance
Ukrainian legislation has provided for and regulated the case of the testator's death after the opening of the inheritance and the testator's failure to accept the inheritance. In such a case, the right to accept the inheritance of the deceased testator is transferred to his or her heirs.
The legislator has determined that the shares of heirs in the inheritance are equal. Only the testator in their will can violate the equality of shares of heirs in the inheritance.
About Inheriting the Obligations of the Testator
Since inheritance involves not only the transfer of rights but also obligations, the obligations of the testator are also transferred to the heirs. Accordingly, the law establishes the obligation of heirs to notify the creditors of the testator about the opening of the inheritance. In turn, the creditor of the testator has the right to make claims against the heirs who have accepted the inheritance. The claims of the creditor of the testator must be satisfied within the value of the inherited estate.
It is worth noting that inheritance, in certain cases, is subject to taxation. Heirs also have obligations related to accepting the inheritance, such as complying with the requirements of the law regarding inheritance taxation.
About the Obligation of Heirs to Reimburse Expenses Related to the Maintenance, Care, Treatment, and Burial of the Testator
If one of the heirs or another person incurred expenses for the maintenance, care, treatment, or burial of the testator, all heirs are obliged to reimburse these expenses.
Conclusion
Possessing information about the inheritance process is extremely important for any heir. Success in inheritance matters can only be achieved through the proper realization of the rights and obligations of heirs. This determines the effective resolution of inheritance relations and the avoidance of potential conflicts.
If legal assistance in inheritance matters is needed, visit my profile "Consultant #1106," where you can request a consultation with the author of the article on inheritance issues or any other legal service necessary in your case. Inheritance attorney can assist in cases requiring the restoration of the deadline for accepting inheritance, appealing decisions and actions of a notary during the inheritance process, disqualification of heirs' right to inheritance either by will or by law, or in any other disputes related to accepting inheritance.
