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
What is inheritance by law
Inheritance by law inheritance by will is the process of transferring property rights and obligations of a deceased person (heir) in accordance with the inheritance laws of Ukraine. Let's look at the main steps and legal aspects of this procedure.
The first step in the statutory inheritance of property by law is to identify the persons entitled to inherit. According to the Civil Code of Ukraine, the circle of heirs by law includes relatives of the deceased: children, parents, spouse, grandchildren and other persons specified by law.
The procedure for determining heirs by law provides for consistent consideration of the degree of kinship and legal rights of heirs. In the absence of a will, the inheritance of property is governed by the law, which determines who is entitled to inherit and to what extent.
Heirs by law have the right to inherit, which includes the possession, use, and disposal of inherited property in accordance with the law. At the same time, they are obliged to pay the debts of the deceased within the inheritance.
There are cases when heirs by law may be excluded or restricted in their rights to inherit. This may occur in the event of a renunciation of the inheritance, deprivation of the heir's rights to inheritance by a court decision or in other circumstances provided for by law.
The peculiarity of inheritance by law is that it occurs automatically upon the death of a person. In other words, the law defines the circle of persons who are automatically heirs by law, without the need to draw up a will or other documents.
The heirs who inherit property by law receive all the rights and obligations associated with this inheritance. This includes the right to possess, use and dispose of the inherited property, as well as the obligation to pay the debts of the deceased within the inheritance.
In case of disputes between the heirs regarding the determination of heirs by law or the distribution of property, the issue can be resolved in court, and you should contact a lawyer. Legal assistance may include representation of the client's interests in court or other agencies. A lawyer or attorney will provide legal protection and defend the interests of the heir in legal procedures.
A lawyer can also help resolve legal issues related to the valuation and distribution of inherited property. He or she will help to collect the necessary documents, carry out property valuation, determine the rights of the heirs and resolve disputes.
Legal assistance may include support of the client at all stages of inheritance - from preparation for inheritance to completion of all legal procedures. The lawyer will provide advice, negotiate with other parties, represent the client's interests in court and ensure compliance with all legal regulations.
Thus, the procedure for inheriting property by law includes the identification of heirs, their rights, and obligations, automatic inheritance upon death, the procedure for determining heirs and the possibility of judicial review in the event of disputes.
