Publication date: 29.05.2024
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Inheritance by law
Ukrainian legislation defines inheritance as a set of property rights and obligations that belonged to a deceased person at the time of his death, as well as the right to inherit this property by heirs. The main aspects of inheritance in Ukraine are determined by the Civil Code of Ukraine and other relevant legal acts.
Some key points include:
Heirs:
These are persons who have the right to inherit the property of the deceased. Heirs can be relatives such as children, spouses, parents, brothers, sisters and other relatives according to law.
Property included in the inheritance:
Inheritance in Ukraine can include any property that belonged to a deceased person at the time of his death, including immovable and movable property, money in accounts, cars, securities and other property.
Shares of inheritance:
Ukrainian legislation determines the shares of heirs in the inheritance according to family ties and other circumstances. Usually, the shares of heirs are calculated on the basis of proportional distribution.
Order of inheritance:
If there is no will, the heirs inherit the property of the deceased in accordance with the procedure established by law. This order may include succession of heirs and shares of their inheritance.
Testaments:
A person has the right to make a will, which determines the distribution of his property after death. A will can change the order of inheritance, which is provided for by law, and also determine heirs who are not available by law. The general idea of inheritance in Ukraine is to ensure the distribution of the property of a deceased person among his heirs in accordance with the law or according to the will of the deceased expressed in the will.
General rules of inheritance by law in Ukraine
Here are the main aspects of these rules:
Legal heirs:
The law defines the persons who have the right to inherit from a deceased person. These are usually family members such as children, spouses, parents and other relatives.
Shares of inheritance:
Legal heirs receive their shares of inheritance in accordance with the proportions defined by law. For example, children have equal shares of inheritance, and parents can inherit if there are no children.
Order of inheritance:
The law determines the order of inheritance in the absence of a will. This is usually governed by the principle of succession of heirs, where the inheritance first goes to the closest relatives.
Testaments:
A person has the right to make a will, which determines the distribution of his property after death. A will can change the order of inheritance under the law or determine heirs who are not under the law.
Rights and duties of heirs:
The heirs also inherit the debts and other obligations of the deceased person. However, the obligations of the heirs are limited to the amount of the inheritance they received.
The right to refuse inheritance:
The heir has the right to refuse the inheritance. This may be appropriate where the estate contains debts or prohibited property.
These general rules of intestate succession provide the structure and legal foundation for the distribution of a deceased person's property among his or her heirs.
However, it is important to consider that individual circumstances and the existence of a will can affect the specific order of inheritance.
