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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 is the process of transferring a deceased person's property to his or her heirs. Ukrainian law provides for two main types of inheritance: by law and by will. Each of these types has its own peculiarities, rules, and procedures.
Inheritance by law
Inheritance by law in Ukraine is one of the main types of transfer of a deceased person's property to his or her heirs in the absence of a will or its invalidity. This process is based on legal rules and is determined in accordance with the civil law of Ukraine.
Basic principles of inheritance by law:
Ukrainian law establishes the order of priority of heirs entitled to inherit from a deceased person. These are usually close relatives - children, parents, spouses. In the absence of such relatives, other relatives may receive the inheritance in accordance with the law.
The heirs receive the deceased person's property in certain shares determined by law. These shares may vary depending on the degree of kinship and the number of heirs.
In the case of intestate succession, the right to inheritance arises automatically at the time of death, and the heirs receive the right to the deceased person's property without the need to make a will.
Procedures for inheritance by law:
After the death of a person, it is necessary to determine who are his or her legal heirs by law. This involves establishing kinship and the degree of relationship with the deceased person.
The property of the deceased person is distributed among the heirs in accordance with the law. Each heir receives a share of the inheritance in accordance with the established rules.
In order to inherit by law, certain formalities may be established, such as submitting documents to a notary or a court to determine the right to inherit and the distribution of property.
Legal assistance: In the process of inheritance by law, a lawyer can provide legal assistance to heirs in determining their rights and interests, as well as in resolving disputes that may arise in the process of inheritance.
Inheritance by will
Inheritance by will is one of the main ways of transferring the property of a deceased person to his or her heirs in the event of a will. In Ukraine, this type of inheritance is regulated by civil law and has its own specifics and procedures.
Basic principles of inheritance by will:
A will gives a person the opportunity to independently determine the persons who will receive his or her property after death. The testator has the right to freely determine the heirs and the distribution of property among them, taking into account his or her wishes and will.
The law provides for the obligation of the heirs to execute the will and ensure the distribution of property in accordance with the will of the deceased person.
In Ukraine, there are certain legal restrictions on the content and formulation of a will, in particular, it is prohibited to leave a will exclusively for the benefit of minor children or to leave a will in the form of a conditional obligation.
Procedures for inheritance by will:
A will may be made in any written form, but it is recommended that it be notarised to prevent its validity from being challenged.
To ensure its execution and avoid disputes among the heirs, a will may be registered in a special register at the state civil registration authority.
After the death of a person who left a will, the heirs are obliged to execute the will of the deceased and ensure the distribution of property in accordance with the instructions in the will.
In case of disputes regarding the will or its execution, a lawyer can provide legal advice, support, and protection of the heirs' interests in court.
The role of an attorney-at-law in inheritance proceedings
In the inheritance process, an attorney-at-law plays an important role in protecting the rights and interests of the client. He or she provides advice on inheritance issues, helps to draw up a will and complete all the necessary formalities.
In the event of a will being challenged or contested, the lawyer represents the client's interests in court and helps to prove his or her position. He or she also provides legal assistance in resolving any disputes that arise during inheritance.
Inheritance is a complex and important process that requires compliance with legal requirements and professional legal assistance. With an understanding of the basic principles and procedures of inheritance, and with the help of qualified legal advisers, heirs can protect their rights and interests in this complex process.
