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Publication date: 27.05.2024
lawyer, 23 years of experience in enforcement.
INHERITANCE UNDER THE WIFE'S WILL
Article 1243 of the Civil Code of Ukraine provides that spouses have the right to make a will regarding joint property.
It is important to note that only a married couple consisting of a man and a woman who have officially registered their marriage can make a joint will. It is not possible for a man and a woman who live together without marriage to create a joint will, as this does not give them the same rights and obligations as spouses.
It is important to note that a joint will refers to property that is jointly owned by the spouses, regardless of whether it is registered in the name of one person. This includes property acquired during marriage, which is considered joint joint property, unless otherwise established by contract or law. Pursuant to Article 368 of the Civil Code of Ukraine, common co-ownership is property owned by two or more persons without specifying the share of ownership of each of them. In addition, Article 60 of the Family Code of Ukraine establishes that property acquired during marriage is the joint joint property of a husband and wife, regardless of whether one of the spouses had independent earnings or not, with the exception of personal private property, defined in Article 57 of the Family Code of Ukraine.
When drawing up a joint will, a part of the rights of joint co-ownership that belonged to one of the spouses passes to the surviving spouse in the event of their death. Only after the death of the surviving spouse does the inheritance pass to the jointly appointed heir. For example, if a couple creates a joint will in which they leave all their jointly owned property to their children in equal shares, the deceased spouse's share automatically passes to the surviving spouse, making him or her the sole owner. Children will receive their inheritance only after the death of the surviving spouse.
One can observe unique aspects of inheritance and annulment of joint will of spouses. A husband and wife have the right to renounce a joint will while they are still alive. However, it is important to note that this refusal must be officially notarized.
After the death of one of the spouses, the surviving spouse will no longer have the right to revoke a will created jointly by both spouses. To ensure the execution of the joint will of the spouses after the death of one of the spouses, the notary establishes restrictions on the transfer of ownership of the property specified in the will of the spouses.
Declaring the spouse's will invalid is possible at a court proceedings.
So, as can be seen from the above, the execution of a will is a rather important transaction, and during the execution of which, it is advisable to obtain the services of a lawyer or the sound advice of a lawyer.
Legal service "Consultant" provides all types of legal services, including online legal services. Specialists of our service will make a legal analysis of the situation to determine the procedure for obtaining an inheritance abroad and will help collect the necessary documents and, if necessary, accompany the court process.
