Publication date: 04.06.2024
Lawyer, graduated from the National University "Odesa Law Academy" with honors. Since 2017, I have been specializing in legal and educational and general legal issues. I am the author of legal articles, scientific publications and articles in the educational environment. Mentor of the "Veritas" legal clinic. The owner of the legal blog "Educational_law_ua" on Instagram.
Intestate succession is an important part of probate law that allows individuals to plan the distribution of their assets after death. This topic is particularly relevant, as conflicts often arise in families due to the distribution of inheritance, and a will helps to avoid many misunderstandings and disputes. In this article, we will consider the main aspects of inheritance under a spouse's will, including legal bases, requirements for a will, rights and obligations of heirs, as well as features of property distribution.
Legal basis of inheritance by will
A will is a legal document in which a person (the testator) expresses his will regarding the distribution of his property after death. In Ukraine, the legal basis of testamentary inheritance is determined by the Civil Code of Ukraine (CCU). According to Article 1233 of the Civil Code, a will is a personal disposition of an individual in the event of his death, which is made in accordance with the procedure established by law.
The testator can dispose of all or part of his property, appoint heirs, set conditions and restrictions for inheritance, and change or cancel his will before his death. It is important to note that the will becomes effective only after the death of the testator.
Requirements for a will
In order for a will to be valid, it must meet certain requirements. The main requirements for a will include:
The testator's capacity to make a will: The testator must be legally competent, that is, have full civil legal capacity. A will made by an incapacitated person is invalid.
Form of the will: The will must be made in writing and signed by the testator.In the event that the testator cannot sign the will himself, it can be signed by another person at his request in the presence of a notary public, as indicated in the will.
Notarization: The will must be certified by a notary public or another person authorized to do so (for example, an official of a local self-government body in settlements where there is no notary public).
Content of the will: The will must clearly define the will of the testator regarding the distribution of property, appointment of heirs, possible conditions and restrictions. It is important that the will is clearly and unambiguously drawn up to avoid possible disputes.
Rights and obligations of heirs
The heirs under the will receive rights to the property of the testator in accordance with the conditions specified in the will. At the same time, they have certain obligations, in particular regarding the acceptance of inheritance and the fulfillment of possible conditions of the will.
Acceptance of inheritance
The heirs must accept the inheritance in order to become the owners of the testator's property. This can be done by submitting an application for acceptance of the inheritance to the notary at the place of opening of the inheritance. The application should be submitted within six months from the date of opening of the inheritance. If the heir does not submit an application within the prescribed period, he is considered to have renounced the inheritance.
Execution of the terms of the will
The testator can establish certain conditions for receiving the inheritance, which the heirs must fulfill. For example, these may be conditions regarding the care of certain persons, maintenance of property in proper condition, payment of debts, etc. If the heirs do not fulfill the terms of the will, they may be deprived of the right to inherit.Peculiarities of property distribution between spouses
The will of the spouses has certain peculiarities, because in marriage, the property acquired during the joint life is usually joint joint property. In the event of the death of one of the spouses, it is important to properly distribute this property.
Distribution of joint property
The joint property of the spouses is distributed in such a way that the share of the deceased in the joint joint property is determined first. Usually this share is 50% of the total value of the joint property. This share is part of the inheritance and is distributed among the heirs according to the will or by law, if there is no will.
Personal property of spouses
In addition to joint property, spouses may have personal property that is not included in the joint shared property. This is property that was acquired before marriage, received as an inheritance, gifted or purchased with personal funds. The personal property of the deceased spouse is also part of the inheritance and is distributed according to the will.
Revocation and amendment of a will
The testator has the right to change or cancel his will at any time. This can be done by drawing up a new will or submitting an application to revoke the will to a notary public. A new will automatically cancels the previous one, unless it says otherwise.
A will can be declared invalid by a court decision if it is proven that it was made under duress, in violation of the law, or if the testator was incapacitated at the time of making the will.
Conclusion
The analysis of the documents and the legal analysis of the situation suggests that inheritance under the will of the spouses is an important mechanism that allows avoiding many problems and conflicts in the distribution of property after the death of one of the spouses. A properly drafted will helps to ensure a fair distribution of property in accordance with the will of the testator, taking into account the interests of all heirs. It is important to remember the need to comply with the legal requirements for making a will, as well as the possibility of changes and cancellation of the will if necessary. Heirs must comply with the terms of the will and accept the inheritance within the prescribed time limits in order to avoid the loss of rights to the inherited property. So, if you need written consultation lawyer's consultation or written advice from a lawyer, contact the specialists of UM "Consultant".
