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Publication date: 28.05.2024
Peculiarities of inheritance by law
Inheritance is one of the most important institutions of civil law governing the transition of rights and obligations from the deceased person (heir) to its heirs. There are two main types of inheritance: by law and by will.
Inheritance by law is a priority when the heir has not left a will or part of his property has remained unattached after the testamentary orders were fulfilled. In such circumstances, the property goes to the heirs under the procedure established by law.
What is inheritance under the law? This is established by law the system by which the heirs and their order are determined in the absence of a will. There are five queues of heirs by law, with each subsequent turn inheritance only in the absence of the heirs of the previous one. First of all, the children of the heir, his parents and wife (husband). If there are no heirs of the first stage, the relatives of the second stage are invited (relatives and sisters, grandparents both on the paternal and maternal line) and so on.
The rules of inheritance under the law are quite clear and based on the principles of priority equal to the share of each of the heirs of one stage and the pre -emptive right to inherit real estate by those heirs who lived with the heir at the time of opening the inheritance.
However, it should be remembered that even in the presence of a will, certain categories of persons still have the right to imitate by law. It is about disabled persons who were not included in the will and lived with the heir for at least 5 years before his death. Such persons belongs to 50% of the part of the property determined by law.
Inheritance by will is an alternative way to move the rights and obligations of the property of the deceased. The will is a one -sided transaction in which a person disposes of his property in case of death. Its compilation involves compliance with a number of formal requirements, in particular a notarial certificate. There are different types of wills.
It is important that when inherited by will the rules and sequence of inheritance by law are not important. The heir himself determines who the property and to what extent he inherits. The only restrictions are the preservation of a legal share for disabled persons, unrecognized. The procedure for admission to the will requires the opening of the hereditary case and the application of the notary.
Inheritance by law in Ukraine is extremely widespread. Often, people ignore the need to make a will because of the lack of considerable property, the fear of the document's reconciliation due to formal violations, etc. However, it is necessary to write a testament in view of the ability to fully dispose of the property at your own discretion and to avoid problems and disputes between the heirs. This is especially important for people who have difficult family circumstances.
For a detailed understanding of the peculiarities of inheritance by law or a will and to avoid legal difficulties, it is advisable to seek qualified legal assistance.
