Publication date: 07.05.2024
Lawyer, graduated from the National University "Odesa Law Academy" with honors. Since 2017, I have been specializing in legal and educational and general legal issues. I am the author of legal articles, scientific publications and articles in the educational environment. Mentor of the "Veritas" legal clinic. The owner of the legal blog "Educational_law_ua" on Instagram.
Refusal of inheritance is regulated by the Civil Code of Ukraine. In particular, Article 1269 of this code provides that the heir has the right to refuse the inheritance within six months from the moment the inheritance is opened. This is done by submitting an appropriate statement to a notary public.
Renunciation of inheritance can be complete or partial. Complete renunciation means that the heir renounces all objects of the inheritance. Partial rejection can be applied to individual objects of the inheritance, when the heir accepts part of the inheritance, but renounces other parts.
Grounds for refusal
There are several reasons why an heir may decide to refuse an inheritance:
Personal reasons: For example, lack of interest in the property or desire to pass it on to other heirs.
Financial obligations: Refusal can be beneficial if the heir has debts and accepting the inheritance can increase them.
Conflicts in the family: Sometimes an heir may decide to renounce the inheritance in order to avoid conflicts with other heirs.
Significant maintenance costs of the inheritance: If the inheritance involves large maintenance costs, the heir may choose to refuse it.
The role of consultation of a lawyer or lawyer
Renunciation of inheritance is an important legal step that requires careful analysis of documents and legal analysis of the situation. Consultation with a lawyer or lawyer is an important part of this process and has a number of advantages:
Legal analysis of the situation: A lawyer or advocate will be able to assess the situation and provide professional advice, taking into account the individual circumstances of the heir.Document analysis: The lawyer will be able to conduct a thorough analysis of the documents related to the inheritance to find out whether there are grounds for refusal and what the possible consequences of such a decision are.
Written advice: A solicitor or solicitor can provide written advice on specific disclaimer issues. This may include guidance on the opt-out procedure as well as advice on proper paperwork.
Document verification by a lawyer: Document verification by a lawyer before filing a disclaimer will help to avoid possible errors or inconsistencies in the documents.
Procedure of refusal of inheritance
Consult an attorney or legal practitioner: As mentioned, before deciding to disinherit, it is recommended to consult an attorney or legal practitioner to assess the situation.
Submitting an application to a notary: The heir must submit an application for disinheritance to the notary at the place where the inheritance was opened. This must be done within six months of the opening of the inheritance.
Preparation of documentation: After submitting the application to the notary, the relevant documents confirming the refusal of the inheritance will be prepared.
Consequences of refusal of inheritance
Loss of the right to inheritance: After disinheritance, the heir loses the right to accept any parts of the inheritance.
Transfer of the right to other heirs: After the refusal of the heir, his share can be transferred to other heirs or persons specified in the will.
Inability to renounce the inheritance after submitting the application: Once the heir has submitted the application to renounce the inheritance, he will not be able to withdraw his decision.Conclusion
Renunciation of inheritance in Ukraine is a serious legal step that can have a significant impact on the rights and obligations of the heir. Therefore, it is important to approach this issue with great responsibility and be sure to seek the advice of a lawyer or legal counsel in order to receive qualified help. Correct legal analysis of the situation and analysis of documents will help to avoid potential risks and ensure a successful resolution of the issue of disinheritance.
