Publication date: 07.06.2024
The order of inheritance by law and by will
Inheritance is an important aspect of civil law, which regulates the procedure for the transfer of property and rights from the deceased to his heirs. In Ukraine, inheritance issues are regulated by the Civil Code of Ukraine. In this article, we will consider the procedure of inheritance by law and by will, as well as how a lawyer's consultation, legal analysis of the situation, legal opinion and assistance of a lawyer online can help in solving inheritance issues.
Inheritance by law
Inheritance by law occurs in the absence of a will or if the will is declared invalid. The order of inheritance by law is based on the succession of heirs determined by the Civil Code of Ukraine.
Lines of legal heirs
- First row: children of the testator, one of the spouses and parents.
- Second row: siblings, maternal grandparents and paternal grandparents.
- Third row: uncle and aunt.
- The fourth stage: persons who lived with the testator in the same family for at least five years before his death.
- Fifth tier: other relatives up to the sixth degree of consanguinity and dependents of the testator.
Each subsequent line of heirs has the right to inherit in the absence of the heirs of the previous line or their refusal to inherit.
Inheritance by will
A will is a personal order of the testator in the event of his death, which determines the circle of heirs and the distribution of the inherited property. The will must be made in writing and notarized.
Requirements for a will
- Written form: the will must be made in writing.
- Notarization: the will must be certified by a notary public or another authorized person.
- Personal execution: the will must be personally executed by the testator.
Special types of wills
- Sealed will: The testator can make a sealed will by handing it to a notary public in a sealed envelope.
- Secret Will: A will whose content is known only to the testator until the will is opened after the testator's death.
Legal analysis of the situation
Legal analysis of the situation in inheritance cases helps to determine the most optimal way of solving inheritance issues, in particular, the choice between inheritance by law or by will, as well as analysis of the legality of the will. The lawyer performs a legal analysis of the situation, taking into account all the circumstances of the case, and provides recommendations on further actions.
Consultation of a lawyer
Consulting a lawyer is an important step in solving inheritance issues. A lawyer will help to understand the rights and obligations of heirs, the procedure for registration of inheritance, and will also help in drawing up or contesting a will. Consulting a lawyer allows you to avoid legal mistakes and ensure the protection of the rights of heirs.
Legal opinion
A legal opinion is an official document that confirms the legal position of a party in an inheritance case. The conclusion is based on a legal analysis of the situation and contains arguments that can be used to protect the interests of the heirs in court or during negotiations.
Lawyer's help online
The help of a lawyer online allows you to get professional legal support without the need for face-to-face meetings. An online lawyer can provide advice, help with the preparation of documents, and also represent the interests of the heirs in the relevant authorities or court.
Advantages of online lawyer assistance
- Promptness: You can get advice and the necessary help at a time and place convenient for you.
- Affordability: Helping a lawyer online allows you to save money on travel and personal meetings.
- Professionalism: You receive qualified legal assistance from experienced specialists.
