See more
Publication date: 25.04.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
Inheritance rights of foreigners in Ukraine are regulated by the legislation of Ukraine, in particular the Civil Code of Ukraine and the Law of Ukraine "On International Private Law". The main provisions regarding the inheritance rights of foreigners in Ukraine are as follows:
National regime: The legislation of Ukraine provides equal rights and obligations regarding inheritance for all persons, regardless of their citizenship. Thus, foreigners have the same rights to inheritance in Ukraine as Ukrainian citizens.
Inheritance of property in Ukraine: The legislation of Ukraine defines the rules of succession that apply both to property located on the territory of Ukraine and to property that may have a connection with Ukraine due to the citizenship of the heir, his place of residence or other factors.
International agreements: Ukraine may have international agreements with other countries regulating the inheritance rights of foreigners. These agreements may determine the procedure for applying the law of inheritance for foreigners who have inheritance rights in Ukraine.
Conflicting inheritance issues:
Indeed, Ukraine has established a national regime regarding the scope of inheritance rights of foreigners, that is, such persons are endowed with the same rights and obligations regarding inheritance as citizens of Ukraine, namely: to appoint heirs by drawing up a will, to distribute property included in the inheritance own discretion, deprive the right to inheritance, include certain orders in the will, etc.
At the same time, there are certain restrictions that apply to the property that can be included in the inheritance, i.e. inheritance is allowed only to those types of property that can be objects of inheritance under the law of Ukraine. In accordance with the current legislation of Ukraine, the inheritance cannot consist of property that has been removed from civilian circulation (weapons, ammunition, narcotics, etc.). Foreigners are also limited in their ownership of agricultural land in Ukraine. Accordingly, if an agricultural plot of land is inherited by a foreign citizen or a stateless person, it is subject to alienation within a year to another natural or legal person who has the right to acquire ownership of such a plot of land.
It is also worth considering that Art. 1219 of the Civil Code provides for rights and obligations that are not part of the inheritance. In general, inheritance relations with a foreign element in accordance with Ukrainian legislation will be regulated by the law of the state in which the testator had his last place of residence. Along with this, the law of the state of which he was a citizen can be chosen as the testator in the will. According to Art. 29 of the Civil Code, the place of residence of a person should be considered the place where such a person lives permanently, mainly or temporarily. As already noted, in addition to national legislation, inheritance relations are also regulated by international treaties, according to which various references can be established regarding the determination of the rights of that state that must be governed. In relation to immovable property, the personal law of the testator is bound, and in relation to real estate, the law of the location of the property.
The procedure for inheriting property by foreigners in Ukraine:
1. The first step is the issuance of a power of attorney to a representative by foreigners who wish to inherit property but are abroad. In such a power of attorney, it is necessary to write down all the powers and specific actions that the representative can perform in the interests of the principal (heir). If the power of attorney was certified by a foreign notary in Ukraine, it must go through the legalization procedure.
2. The next step is the election of a notary public in Ukraine. It is worth noting that the term of inheritance is 6 months. Accordingly, within this period, the representative must apply to the selected notary. It is worth noting that the application must be signed by the principal personally.
3. Along with the application, it is also desirable to have a certain list of documents, namely: death certificate of the testator, documents certifying the identity of the heir, a will (if available), as well as documents that can confirm the fact of family relations, etc.
Consultation of a lawyer regarding the acquisition of inheritance cases:
An inheritance attorney will conduct a legal analysis of the situation, determine the specifics of the inheritance procedure. will take into account all conflict of laws regulations and advise clients. An inheritance lawyer can also act as a representative of a non-resident heir, because in this case it is extremely important to correctly identify the notary to whom to contact, as well as the list of documents to be submitted.
