Publication date: 08.05.2024
Lawyer
Inheritance of property is one of the most important institutions of civil law, which regulates the transfer of rights and obligations from the testator to his heirs. There are two main methods of inheritance - by law and by will. Let's consider the features of each of them in more detail.
Inheritance by law
What is inheritance by law? This is the transfer of rights and obligations to the property of the deceased to his heirs in accordance with the sequence established by the Civil Code of Ukraine. Inheritance by law is carried out in the absence of a will or if the will covers only part of the property.
Inheritance by law occurs when the deceased person did not leave a will. In this case, the property is distributed among the heirs in accordance with the order established by law. In Ukraine, there are several lines of inheritance, which determine who has the right to inherit in the first place, and who - in the future.
In Ukraine, there are 5 lines of heirs by law. The first tier includes the deceased's children, parents and spouses. The second line - brothers and sisters, grandfather and grandmother from the father's and mother's side. The third line is the relatives of the deceased's uncle and aunt. The fourth stage - persons who lived with the testator in the same family for at least 5 years before the opening of the inheritance. Fifth level - other relatives of the testator up to the sixth degree of consanguinity inclusive. Each subsequent line of heirs by law inherits only in the absence of heirs of the previous line or when they are removed from the right to inherit.
Inheritance by will
Inheritance by will is the transfer of rights and obligations to the property of the deceased to the persons specified by him in the will. According to the concept of inheritance by will, the testator has the right to dispose of his property at his own discretion, determining the heirs and establishing their shares in the inheritance. The basis for following a will is the will itself - a one-sided agreement containing a person's instructions in the event of his death.
The concept of inheritance by will includes not only the right of the deceased person to dispose of his property, but also the obligation of the heirs to comply with the will of the testator. Succession rights under a will include the right to receive the property specified in the will, as well as duties that may be assigned to the heir by the testator.
Principles of inheritance by will:
- freedom of will - the testator can bequeath property to any person;
- mandatory inheritance share - established by law for disabled family members;
- the possibility of disposing of the proper property.
Conditions of inheritance by will:
- presence of legal capacity and free expression of will of the testator;
- the appropriate form of the will (written, notarized);
- the fact of the testator's death.
Inheritance is carried out according to the will, if it covers all the property of the testator. If the will is made for a part of the property, the part is inherited by law.
Entry into inheritance by will involves the following procedure:
1) the opening of the inheritance - the day of the testator's death;
2) acceptance of inheritance within 6 months;
3) submission of an application to the notary about acceptance of inheritance;
4) obtaining a certificate of the right to inheritance.
Therefore, inheritance by law and by will have significant differences, but both methods allow the rights of heirs to inherit property. The choice of one or another method depends on the will of the testator and the fact of the existence of a will.
