Publication date: 09.04.2024
In Ukraine, the main types of inheritance are determined by the Civil Code of Ukraine. Here are the main types of inheritance:
1) By law (inheritance of property by law): This is the inheritance that takes place according to the rules established by law, when the deceased did not leave a will or when the left will is declared invalid. In such a case, inheritance is carried out in accordance with the sequence provided by law, starting with the primary heirs (children, parents) and proceeding to secondary and other heirs. The current legislation of Ukraine establishes the order of inheritance by law.
Primary heirs: Children of the heir (including children adopted by the heir and children adopted by him for upbringing), other spouses, parents. If the children died earlier or refused the inheritance, their children (the heir's grandchildren) or the heir's parents become their heirs.
Secondary heirs: brothers, sisters, grandmother and grandfather.
If there are no primary heirs or they have refused the inheritance, the property of the heir passes to the secondary heirs.
So how many queues of inheritance according to law ? In general, according to the Civil Code of Ukraine, there are five stages of inheritance by law. The third-fifth tier includes: uncle and aunt, persons who have lived with the testator in the same family for at least 5 years, as proven by the procedure established by law, other relatives up to the sixth degree of consanguinity.
As you can see, these queues establish the rules of inheritance by law, or rather, the order of inheritance according to the law.
If there are no heirs according to the above categories, the inheritance may pass to the state or territorial community.
It is important to note that in some cases, the law provides for a mandatory share of the inheritance for certain categories of heirs (for example, children, disabled parents have the right to a mandatory share of the inheritance, even if their parents left a will).
2) By testament ( inheritance by will ): This is an inheritance that takes place according to the will of the deceased expressed in the will. The will can determine the heirs, as well as the right to dispose of the property in accordance with the wishes of the deceased.
A will is a document in which a person determines by his will the person or persons who should inherit his property after death.
A will gives an heir the opportunity to express their wishes regarding the distribution of their property after death. This means that the deceased can determine the heirs, the distribution of the property, as well as give other instructions that must be carried out after his death.
Inheritance of property by will has certain features.
Yes, the will must be set out in writing, certified and registered in accordance with the procedure established by law.
Inheritance under a will may be limited by law. The law may set limits on how much property can be left in a will. For example, the law may limit the ability to leave a certain part of the property in the will, ensuring that a certain minimum amount of property is left to the legal heirs. In this case, it is said that the law can provide for a mandatory share of inheritance for certain categories of heirs, usually for minors and disabled children, as well as for disabled parents of the deceased. This means that even in the case of a will that gives all the property to other persons, these categories of heirs have the right to receive their obligatory share of the inheritance.
If the will is declared invalid for any reason (for example, due to violation of the requirements for its preparation), the inherited property will be distributed among the heirs according to the law.
Also, the will can be changed or annulled. The person making the will can change or revoke it at any time as long as they are conscious. Changes to the will must be properly notarized.
3) By law and by will (combined inheritance): In some cases, the heir may leave a will that does not cover all of his property. In such cases, the inheritance is a combination of both methods of inheritance: part of the property is inherited according to the will, and part - according to the law.
Thus, it can be concluded that in Ukraine inheritance is carried out by will and by law.
It is important to note that heirs have the right to refuse inheritance both by law and by will. Refusal of inheritance must be made in writing before a notary public. In case of refusal of inheritance, the heir no longer has the right to inherit, while the property passes to other heirs or to the state in accordance with the law.
In all cases, the heirs will need to contact a notary and go through the inheritance procedure, which includes registration of the inheritance and subsequent registration of ownership of the inherited property.
