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Publication date: 08.05.2024
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The main requirements for a will include its written form, signing and dating of the will by the testator. Ukrainian legislation establishes the procedure for drawing up, changing and revoking a will, as well as the rules for its execution. In the event of a conflict between the requirements of the will and the law or the rights of other legal heirs, the court may intervene to resolve the conflicts and ensure the legality of the inheritance.
Inheritance by law in Ukraine occurs in the absence or invalidity of a will. According to the Civil Code of Ukraine, inheritance is transferred from the deceased to persons defined by law who have the status of legal heirs. The main principles of inheritance by law include:
1. Legal heirs: The law defines the circle of persons who have the right to inherit according to the status and connection with the deceased. Usually these are family members (children, spouse, parents) and other persons who have legal rights to the inheritance.
2. Share of the inheritance: The law determines the shares of the inheritance that belong to each legal heir. These shares may be determined according to status and relationship to the deceased.
3. Order of inheritance: The law also defines the order of inheritance in the case of the absence of one heir or their legal invalidity. For example, if one of the heirs refuses the inheritance or has legal defects, his share can be distributed among the other legal heirs.
4. Rights and obligations of the heirs: In the inheritance, the legal heirs receive rights to the property of the deceased, but also have obligations to pay debts and fulfill other obligations that the deceased has.Inheritance by law occurs automatically after a person's death, and property is distributed according to the rules established by law. This process can be complex, so it is important to consult a qualified lawyer or notary public for advice and assistance with probate matters.
Inheritance by will in Ukraine provides that the property of the deceased person is transferred in accordance with his will expressed in the will. The main aspects of testamentary inheritance in Ukraine include:
1. Freedom of will: The law allows each person to determine to whom and how to transfer his property after death. The will may include dispositions regarding immovable and movable property, cash, securities and other assets.
2. Execution of the will: The execution of the will can be entrusted to the executor, who will ensure that the instructions of the deceased person are carried out. It can be a legal entity or an individual who has the trust of the testator.
3. Restrictions: Despite the freedom of will, there are restrictions on the content of the will, in particular, the mandatory part of the inheritance, which must be transferred to the legal heirs.
4. Form: The will can be in writing. Notarization of the will is usually recommended to confirm its validity.
5. Execution procedure: The will becomes effective after the death of the testator. The execution of the will is carried out after receiving the relevant decision of the notary or the court.
Inheritance of property by will, also known as testamentary succession, refers to the process by which a person's assets and belongings are distributed according to their last will and testament upon their death.
It is important to make a will in accordance with the requirements of the law and to avoid any contradictions in order to avoid possible disputes among the heirs.If you have questions or need advice, it is recommended to consult a qualified lawyer or notary public.
