Publication date: 20.04.2024
Lawyer with 15 years of legal experience, specialization: family and civil law, inheritance, contract law, criminal cases, administrative cases, cases involving foreigners, migration law
The procedure for inheritance of property by will is one of the most important components of family and civil law in Ukraine. This process involves identifying heirs, drafting a will, and subsequently distributing the property in accordance with the instructions set forth in the will.
Inheritance by will concept
A will is a legal document that contains a citizen's expression of will regarding the disposal of his or her property after his or her death. It is a significant tool for planning an inheritance and ensuring the execution of the heir's will. Let's have a closer look at what a will is and how it is drafted.
A person who draws up a will determines his or her wishes regarding the distribution of property after his or her death. This may include the designation of heirs, instructions on the distribution of specific property assets, the appointment of an executor, and other aspects.
A will must be made in writing. The testator personally signs the document as a confirmation of his or her will regarding the disposal of property after death. The signature must be certified by a notary or two witnesses.
In order for a will to be legally binding, its signature must be certified by a notary or two witnesses. The notarization of the signature confirms that the document was drawn up by the testator personally and that his or her will regarding the distribution of property is legitimate.
A will can be registered with the relevant state document registration authority. This allows you to protect the rights of heirs and confirm its legal validity.
Identification of heirs
The first step in the intestate succession procedure is to determine the heirs, i.e., the persons entitled to inherit in accordance with the testator's will. Ukrainian law provides for the possibility to make a will in favour of any person entitled to inheritance by law. A will may be made in favour of relatives, friends, charitable organizations or any other persons designated by the testator.
The law may also impose certain restrictions on the designation of heirs under a will.
After the testator's death, the will is submitted to a notary, who registers it. The notary checks whether the will complies with the legal requirements and is legally valid. If the will meets all the requirements, it is considered valid, and it becomes the basis for determining the heirs and distributing the property.
Distribution of property
After the death of the heir and acceptance of the will by the notary or court, the process of property distribution takes place in accordance with the instructions set forth in the will. The heirs designated in the will receive their shares in the property in accordance with the will of the heir. In case the heir did not leave a will or the will was declared invalid, the property is distributed in accordance with the law on inheritance.
Protection of heirs' rights
During the procedure of drafting and executing a will, it is important to ensure the protection of the heirs' rights. In the event of any refutations, disputes or doubts about the legality of the will or the legitimacy of inheritance, the parties have the right to file appropriate lawsuits or requests to protect their rights.
The role of a lawyer in the process of inheritance by will
A lawyer plays a significant role in protecting the interests of heirs during the intestate succession procedure. He or she provides legal advice on drafting a will, helps to resolve any legal issues related to the distribution of property and protection of heirs' rights in the event of disputes or litigation.
Thus, the procedure for inheriting property by will involves drafting the heir's will, its subsequent consideration and execution in accordance with Ukrainian law. Compliance with the requirements of the law and proper drafting of a will are important conditions for ensuring a fair distribution of property among the heirs.
