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Disinheritance procedure in Ukraine: legal aspects, possible consequences and legal support

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Миколаєнко Олена
Lawyer
Ukraine / Kyiv
Миколаєнко Олена

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Publication date: 25.05.2024

Lawyer with 15 years of legal experience, specialization: family and civil law, inheritance, contract law, criminal cases, administrative cases, cases involving foreigners, migration law

Ukrainian inheritance law allows persons to disinherit or be disinherited under certain circumstances. The procedure of disinheritance is regulated by the civil law of Ukraine and has its own legal aspects, consequences and requires legal support.

The procedure for disinheritance

Disqualification from inheritance is provided for in Article 125 of the Civil Code of Ukraine and may occur when an heir abuses his or her right to inherit. This may include actions aimed at causing damage to the estate or violating the rights of other heirs.

The procedure for disinheritance

In order to be disinherited, a person must file a lawsuit with the court. The court considers the case taking into account all the circumstances and evidence submitted by the parties. If the court finds that the right to inheritance has been abused, it may decide to disinherit the person.

Legal aspects of disinheritance

Abuse of the right to inheritance must be proven in court. Evidence may include witness testimony, documents confirming the violation of rights or damage, and expert opinions.

Possible consequences of disinheritance

A person who is disqualified from inheritance loses the right to inherit and may also be exempt from the obligation to pay inheritance tax. In addition, this may lead to changes in the distribution of the inheritance estate among other heirs.

Legal support in cases of disinheritance

Legal support in cases of disinheritance is important to ensure the protection of the rights and interests of the parties. A professional lawyer will help you collect the necessary evidence, prepare claims and effectively protect your rights. Inheritance by will Ukraine, what is inheritance by law, nheritance by will consultant, right of inheritance according to the law in Ukraine, inheritance by law in Ukraine, civil law inheritance by will.

Supporting and protecting the rights of the excluded person

One of the most important aspects in a case of disqualification from inheritance is ensuring the protection of the rights of the disqualified person. In this context, a lawyer is tasked with ensuring that the client's interests are represented at every stage of the legal process. He or she analyses all possible defence options, develops a defence strategy, formulates and supports arguments in court, and protects the client's interests during discussions of crucial issues.

One of the most important aspects in a case of disqualification from inheritance is ensuring the protection of the rights of the disqualified person. In this context, a lawyer is tasked with ensuring that the client's interests are represented at every stage of the legal process. He or she analyses all possible defence options, develops a defence strategy, formulates and supports arguments in court, and protects the client's interests during discussions of crucial issues.

Sometimes disinheritance can be the result of a conflict between heirs or cause new disputes within the family. In such cases, mediation can be a useful tool for resolving conflicts amicably. A qualified mediator will help the parties find a mutually acceptable solution that satisfies the interests of all parties.

Висновок

The procedure of disinheritance in Ukraine is a complex legal process that requires a detailed analysis and study of the circumstances of each specific case. Such cases are resolved on the basis of the law and available evidence confirming the facts of abuse of the right to inheritance.

Persons facing the issue of disinheritance are advised to contact a qualified lawyer for professional advice and legal assistance.

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