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Publication date: 22.05.2024
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Inheritance cases in Ukraine are regulated by the Civil Code of Ukraine and other normative legal acts. Inheritance is the process of transferring rights and obligations (inheritance) from the deceased (testator) to his heirs. Inheritance matters can be quite complex, so it is important to know the basic principles and stages of inheritance.
Basic principles of inheritance
1. Inheritance by law. Heirs are called upon to inherit in order of priority.
First row: children, husband/wife, parents of the testator.
Second row: brothers and sisters, grandparents on the father's and mother's side.
Then the following lines: other relatives, if there are no heirs of the previous lines.
2. Inheritance by will:
The testator can leave a will in which he determines the circle of heirs and the order of distribution of the inheritance.
The will must be made in writing and notarized.
The testator can deprive the heirs by law of the right to inheritance, except for persons entitled to a compulsory share.
3. Mandatory share in inheritance:
Minors, minors, adult disabled children, disabled widow/widower, disabled parents of the testator have the right to half of the share that would belong to them by law.
Stages of inheritance
1. Discovery of heritage:
The inheritance is opened on the day of the testator's death or his declaration as deceased by a court decision. The place of opening of inheritance is the last place of residence of the testator.
2. Acceptance of inheritance:
The heirs must accept the inheritance within six months from the day the inheritance was opened.
The inheritance is accepted by submitting an application for acceptance of the inheritance to the notary at the place where the inheritance was opened.
If the heir has not accepted the inheritance within the prescribed period, he is considered to have renounced it.
3. Registration of inheritance:
A notary public issues a certificate of the right to inheritance after six months from the day the inheritance was opened.
The certificate of the right to inheritance confirms the heir's right to inherited property and is the basis for its state registration.
4. Distribution of inheritance:
Inherited property is distributed among the heirs according to the law or will.
If the heirs cannot agree on the distribution of the inheritance, the dispute is resolved in court.
Types of inheritance
1. Inheritance of real estate:
Includes residential buildings, apartments, land plots.
Rights to real estate are subject to state registration.
2. Inheritance of movable property:
Includes vehicles, securities, money and other movable property.
3. Inheritance of debts and obligations:
The heirs accept not only the rights, but also the obligations of the testator.
The liability of the heirs for the debts of the testator is limited to the value of the inherited property.
In case of disputes or difficulties in inheritance matters, contact legal consultants for professional advice. It is recommended to draw up a will to settle inheritance issues in advance. It is important to comply with the deadlines established by law for accepting the inheritance and drawing up the necessary documents. Inheritance matters can be legally complex, so it is important to understand the basic principles and procedures to ensure that the probate process is legal and fair.
