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Publication date: 28.05.2024
Peculiarities of inheritance by will
Inheritance by will is one of the main institutions of hereditary law of Ukraine, which allows the person to independently determine the fate of his property in the event of death. Unlike inheritance under the law, where the sequence of heirs and their share is determined by the current legislation, the will enables the owner of the property at his own discretion to elect the heirs and distribute the property owned by him.
The concept of inheritance by will means the transition of the rights and obligations of the deceased person (heir) to the heirs mentioned in the will. The will is a personal order of the testator on his property, which comes into force after the inheritance was opened.
The grounds for inheritance by the will are concluding a will in compliance with the requirements and content established by law, as well as the lack of circumstances that may declare the will invalid. Pursuant to Article 1233 of the Civil Code of Ukraine, the will must be a personal order of the person and to be written in writing with a notarization.
The peculiarity of the inheritance by the will is the determination of the testator of the circle of heirs and their shares at their own discretion, including persons who are not entitled to inheritance under the law. However, it should be noted that there are legal restrictions on the rights of the testator, in particular the inability to completely deprive the inheritance of disabled persons who resided with the heir.
The rights of the will by the will are determined by the will of the testator, who is reflected in the text of the will. This also determines the variety of types of wills, such as a testament with the indication of specific heirs, the covenant of the spouse, a will for the benefit of a legal entity, a will with a condition, etc.
General principles of inheritance in the will in Ukraine are based on legality, equality, justice, etc. Inheritance inheritance provides for the announcement of a will by a notary after the opening of the inheritance, a notarization of the rights of the heirs and the issuance of a certificate of inheritance.
A prerequisite for the will is its compliance with the requirements of the legislation on form, content, legal force, etc. This is important to prevent possible abuse and illegal disposal of someone else's property. In case of violation of the rules established by law, the will may be declared invalid by the court on the claim of interested persons.
The procedure for inheritance of the will includes such steps as the inheritance and appeal to the notary within the specified time limits, submission of the application for acceptance of inheritance and the necessary package of documents, payment of relevant notarial fees and taxes, obtaining a certificate of inheritance.
It should be noted that inheritance is carried out by law and will simultaneously in cases where the will does not cover all the property due to the heir. Then part of the property is inherited by the will and the other by the rules of inheritance by law.
Thus, the institute of inheritance by the will gives the person ample opportunity to independently determine the fate of his property in the event of death. It is important to comply with the requirements of the legislation on the form and procedure of drawing up the will to avoid its invalidation. Consultation of a qualified lawyer will allow to take into account all the legal intricacies when drawing up such an important document.
