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Publication date: 06.05.2024
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Inheritance is the process of transferring the property, rights and obligations of a deceased person (testator) to other persons, who are called heirs. This process can take place in the presence of a will or by law. In most countries, there are rules and laws that regulate the process of inheritance, establishing the procedure for transferring property and rights to heirs.
Inheritance can take place by the will of the testator, if he left a will, or by law, if there is no will or if the will does not meet the legal requirements. In most jurisdictions, the laws establish the order of succession in the absence of a will or the invalidity of a will.
The inheritance includes all rights and obligations that belonged to the testator at the time of his death and did not cease as a result of this event. This may include various types of property such as real estate, movable property, cash, securities, etc., as well as the rights and obligations associated with such property, such as debts, contractual obligations, ownership of inheritance property and others.
Rights and obligations that are not part of the inheritance:
1. Personal non-property rights of the testator.
2. The right to participate in societies and membership in citizens' associations, unless otherwise established by law or their constituent documents.
3. The right to compensation for damage caused by mutilation or other health damage.
4. Rights to alimony, pension, benefits or other benefits established by law.
5. The rights and obligations of a person as a creditor or debtor are provided for in accordance with legislation.
Discovery of heritage:
1.The inheritance is opened as a result of the death of a person or his declaration as deceased.
2. The time of opening of inheritance can be the day of death of a person or the day from which he is declared dead.
3. If persons who could inherit one after the other died within one day, the inheritance is opened simultaneously and separately for each of them.
4. If several persons who could have inherited one after the other died during a common danger (natural disaster, accident, catastrophe, etc.), it is assumed that they died at the same time. In this case, the inheritance is opened simultaneously and separately for each of these persons.
Ukrainian legislation establishes certain terms for accepting inheritance. The main terms and acceptance of inheritance terms are determined by the Civil Code of Ukraine. Here are some key terms to consider:
Acceptance of inheritance: According to the Civil Code of Ukraine, the term for acceptance of inheritance is six months from the moment of opening the inheritance.
Protest of the heir: If the heir does not want to accept the inheritance, he can appeal to the court with a protest within six months from the moment of learning about the opening of the inheritance.
Deprivation of the heir's right to inheritance: In case of intentional violation of law and order or negligent treatment of the inheritance property, the court can deprive the heir of the right to inheritance. The deadline for submitting a petition for deprivation of the right to inheritance is one year from the moment the inheritance was opened.
Effect of time limits: These time limits are restrictive and may be extended by the court in certain cases or under certain circumstances.Please note that it is important to consult with a qualified attorney for specific legal advice regarding your rights and responsibilities in a specific inheritance situation.
