See more
Publication date: 21.04.2024
I constantly strive to develop and acquire new knowledge, my experience and additional education confirm this.
Ukraine has its own system of rules and laws governing inheritance and inheritance. Inheritance in Ukraine is determined by the Civil Code of Ukraine and other relevant laws.
According to Ukrainian legislation, inheritance includes property, rights and obligations that pass from the deceased person (testator) to the heirs. It can be any property owned by the testator at the time of his death, including movable and immovable property, cash, securities, cars, houses, land, and other tangible and intangible assets.
Inheritance in Ukraine can take place by will or by law (in the absence of a will). Laws also determine the distribution of inheritance among heirs, heirs by will and by law, as well as other aspects related to inheritance, such as inheritance rights, inheritance shares, inheritance shares, inheritance claims, etc.
In order to accept the inheritance, the heir has the right to submit an application for acceptance of the inheritance to a notary or, in the case of rural settlements, to an official of the relevant local self-government body. This application is necessary for the procedure of acceptance of inheritance and it must be submitted in accordance with the requirements of the law. A notary public or an authorized official of the relevant local self-government body provides advice to the heir and indicates the procedure for submitting an application.
Ukrainian legislation provides for a term of inheritance of inheritance, which is usually six months from the moment the inheritance is opened. This term is counted from the day of the heir's death.According to the Civil Code of Ukraine, if the heir does not submit an application for acceptance of the inheritance within this period, he is considered to have not accepted it. Thus, if the heir has not applied for inheritance within six months, he loses the right to inheritance, unless otherwise provided by law or determined by a court decision. Therefore, the heirs should follow and not miss the deadlines.
Of course, there are cases when there may be circumstances preventing the acceptance of the inheritance within the prescribed period. In such cases, the heir can apply to the court with a recovery to renew the term of acceptance of the inheritance. However, the decision to extend the term of acceptance of inheritance is usually made on the basis of compelling circumstances and with a positive court decision.
A valid reason may include, for example, a serious illness, the inability to obtain information about the heir, or other circumstances that prevent a timely application.
The court considers such claims on an individual basis and makes a decision taking into account the specific circumstances of the case. If the court believes that the heir had good reasons for missing the deadline, it may grant him an additional deadline for submitting an application for acceptance of the inheritance.
In times of war or other extraordinary circumstances, inheritance processes can be complicated due to security threats and indecipherable documentation. However, even in the context of military conflict, the right to inheritance exists and the process of acceptance of inheritance can be carried out. In such extraordinary circumstances, special procedures or measures may be introduced to protect the rights of heirs.Yes, under the conditions of martial law in Ukraine and within two years after its termination or cancellation, if the death of an individual is registered later than one month after the day of death or the day from which he was declared dead, the terms established for acceptance of inheritance are calculated from the date of state registration of the person's death. At the same time, the day of the testator's death or the day from which the testator was declared dead is considered the time of opening of the inheritance, regardless of the time of state registration of death.
This rule provides for special conditions for calculating terms in the case when the registration of death is delayed due to extraordinary circumstances, in particular, due to martial law. It is aimed at ensuring the protection of the rights of heirs in the difficult conditions of the military conflict and its consequences.
