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Publication date: 19.04.2024
Lawyer with 15 years of legal experience, specialization: family and civil law, inheritance, contract law, criminal cases, administrative cases, cases involving foreigners, migration law
Inheritance, as one of the most important aspects of civil law, is regulated in Ukraine in accordance with special rules and laws. The principles and procedures of inheritance are determined by law, which aims to ensure a fair distribution of the deceased's property and protection of the rights of his or her heirs.
Basic principles of legal regulation of inheritance:
The principle of legality - all issues related to inheritance are resolved in accordance with the law. Legislation establishes the rules for inheriting property, the procedure for determining heirs and their rights and obligations.
The principle of inviolability of inheritance rights - the law guarantees the inviolability of inheritance rights and prohibits any actions aimed at violating these rights. Heirs have the right to receive their inheritance in accordance with the law, and any attempts to infringe their rights may be challenged in court.
The principle of determining heirs - the law establishes the procedure for determining the persons entitled to the deceased's inheritance. Usually, these are close relatives, but in the absence of such persons, other persons may be heirs in accordance with the law.
Inheritance procedures in Ukraine
Opening of the inheritance: After the death of a person, the process of opening an inheritance begins, during which the court establishes the fact of death and determines the persons entitled to inherit. This process can be initiated by heirs or interested parties.
Inventory of property: After the opening of the inheritance, an inventory of the deceased's property is carried out. This allows you to determine the amount of inherited property and its condition.
Distribution of property: After the inventory of the property, the court decides on its distribution among the heirs. This often takes place in accordance with the deceased's will, if any, or in accordance with the law.
Issuing a certificate of inheritance to the heirs: After the property is distributed, the heirs are issued with a certificate of inheritance, which confirms their rights to inherit.
The role of a lawyer in the inheritance process
Consultation - a lawyer advises heirs on their rights and obligations in the inheritance process, as well as the procedures and deadlines related to inheritance.
Representation in court - a lawyer can represent the interests of the heirs in court during the opening of the inheritance, distribution of property and resolution of any disputes.
Preparation of documents - a lawyer assists in the preparation of all necessary documents for opening an inheritance and other inheritance-related procedures.
Representation in the transaction - if an agreement is reached between the heirs, the lawyer can represent their interests and help with the formalisation of the transaction.
And the lawyer will also explain what it is inheritance by law inheritance by will, inheritance by will concept, inheritance of property by will, grounds for inheritance under a will, conditions of inheritance under a will, inheritance by law and will and other.
Inheritance issues in Ukraine are regulated by the following legislative acts: The Civil Code of Ukraine, the Commercial Code of Ukraine, the Law of Ukraine “On Inheritance Law”, and the Civil Procedure Code of Ukraine.
The process of inheritance is complex and requires compliance with laws and procedures. Understanding the basic principles and procedures of inheritance, as well as engaging qualified legal counsel, can help heirs protect their rights and interests in this process.
