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Publication date: 16.05.2024
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.
The legal regime of inheritance in Ukraine is based on the Inheritance Code of Ukraine, which defines the rights and obligations of heirs in relation to the property of the testator. However, an important aspect of inheritance is the right of the heirs to receive pension benefits that were not accrued to the testator during his lifetime.
Legal analysis of the situation
According to the legislation of Ukraine, heirs have the right to inheritance, which includes not only property assets, but also other rights and obligations that belonged to the testator. One of these rights is the right to receive pension benefits that were not accrued to the testator.
When the testator dies, his rights and obligations pass to the heirs. This includes the right to pension benefits that could have accrued to the decedent during his lifetime, but for some reason did not. Thus, the heirs have the right to receive these unpaid amounts of pensions.
Legal norms
The legal basis for this right of heirs can be found in various legal acts. In particular, the Inheritance Code of Ukraine specifies that the testator transfers his inheritance to the heirs, and the inheritance includes all the rights and obligations of the testator. Also, the Law of Ukraine "On pension provision" establishes rights to pension payments that can be received by heirs.
Consultation of a lawyer and written consultation of a lawyer
In the event of a situation where the heirs have reason to believe that pension benefits have not been accrued to the testator properly, it is recommended to contact a lawyer or lawyer for legal advice.This will allow an analysis of the documents and the situation as a whole in order to find out the possibilities of protecting the rights of the heirs to receive unpaid pension amounts.
Procedure for applying for compensation
In the event that heirs believe that pension benefits have not been accrued or have been accrued incorrectly, they should contact the appropriate authority responsible for the payment of pension benefits. Usually it can be a pension fund or a department of social protection of the population. When applying, it is necessary to present all the necessary documents confirming the inheritance and the right to receive pension payments. It is important to keep in mind that the procedure for resolving such issues may take some time, so it is recommended to act systematically and carefully monitor the process.
Conclusion
Therefore, the heirs have the right to receive pension payments that were not accrued to the testator during his lifetime. This right is based on legislation that determines the transfer of rights and obligations of the testator to his heirs. In case of doubts about the correctness of the calculation of pension payments, it is recommended to consult a lawyer or lawyer for an analysis of the documents and the legal situation as a whole. It should be taken into account that the resolution of inheritance and pension rights issues may require additional legal analysis and interaction with relevant authorities. Each specific situation may have its own characteristics, and decisions should be made based on all available information and taking into account the advice of a qualified legal professional.You should also keep in mind the time limits and procedures that may affect the resolution of such issues. Therefore, careful analysis and consultation of a lawyer or lawyer is an important step in protecting the rights of heirs.
