Peculiarities of inheritance by law and will

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Khyzhavska Olesia Yaroslavivna

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Ukraine / Khmelnitsky region

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Publication date: 30.06.2024

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Rules of inheritance in Ukraine

According to Ukrainian legislation, the inheritance is considered open from the moment of the testator's death. The heirs have the right within six months from the date of the testator's death to declare their right to the inheritance. Inheritance is carried out by will and by law. 

Inheritance in Ukraine is an important legal process regulated by the Civil Code of Ukraine and other legislative acts.

The inheritance process can take place in two main ways: by will or by law.

Inheritance by will is one of the key aspects of the civil law of Ukraine, which allows a person (testator) to determine the fate of his property after death.

Inheritance by law in Ukraine is applied when a person died without a will, or the will was declared invalid, as well as in cases where the heirs under the will refused the inheritance or were unable to accept it.  

Inheritance in Ukraine is ensured through clearly defined legal frameworks that guarantee compliance with the will of the testator or the legal distribution of property. The process requires careful attention to documentation and adherence to procedures that ensure the rights of all interested parties. It is important that all persons wishing to ensure the transfer of their inheritance use the services of qualified legal professionals to properly draft a will or to obtain advice on legal succession.    

Inheritance of property by will 

Inheritance by will in Ukraine allows the testator to dispose of his property at his own discretion, while ensuring the implementation of his will after death. Here are the basic rules of inheritance by will:

• Making a will - the will must be made in writing and notarized. The testator must be of legal age and able to make a will. A will drawn up by a person during his or her stay in a serious state of health may require additional verification of legal capacity.
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  Objects of inheritance - almost all property belonging to the testator at the time of his death can be transferred by will. This includes real estate, movable property, securities, corporate rights, etc.
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  Requirements for witnesses - during the drafting of a will, the presence of witnesses who can confirm the will of the testator is required. Witnesses must have no personal interest in the will and cannot be heirs under the will.
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  Rights of heirs - the testator has the right to specify one or more heirs, as well as to distribute the property between them at his discretion. In the event that the heir refuses the inheritance or cannot accept it, his share may be distributed according to other rules specified in the will.
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  Compulsory share - certain categories of relatives, such as minor children, adult children who cannot earn a living due to health conditions, and the spouse (husband), have the right to a compulsory share of the inheritance, regardless of the content of the will. This share is not less than half of what they could receive under the law.
• Inheritance - the procedure for acceptance of inheritance must be carried out within six months after the death of the testator. In order to inherit, it is necessary to contact a notary and provide relevant documents confirming the right to inheritance.

The notary can order an appraisal of the inherited property to determine its value, which is important for calculating state duty and other taxes. After all checks and taxes have been paid, the notary issues the heirs with inheritance certificates, which are official documents confirming their right to own the property. Heirs must apply to the state registration authorities for re-registration of property rights in their name in accordance with the issuance of certificates of the right to inheritance.

Rules of inheritance by law 

Inheritance of property by law in Ukraine is applied when a person died without a will, or the will was declared invalid, as well as in cases where the heirs under the will refused the inheritance or were unable to accept it.Entry into inheritance by will, the order of inheritance by law is determined by the Civil Code of Ukraine and is based on the principle of succession of heirs.

Order of succession by law, Heirs are divided into several ranks, which are determined by their degree of family relationship with the deceased:

1. The first tier includes children, spouses and parents of the deceased.
2. The second line consists of grandparents, brothers and sisters.
3. The third tier includes aunts and uncles.
4. The fourth tier According to the Civil Code of Ukraine, the fourth tier of heirs by law includes persons who lived with the testator in the same family for at least five years before the opening of the inheritance.

The inheritance is considered open from the moment of the person's death. Heirs have the right to submit an application for acceptance of inheritance within six months from the date of opening of inheritance.

• Appeal to the notary - heirs must apply to a notary with the necessary documents to register inheritance rights. Documents include the deceased's death certificate, documents proving kinship and other evidence of inheritance rights.
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  Property appraisal - the notary can request an appraisal of the property to determine its value for the purpose of calculating inheritance tax and other payments.
• Payment of taxes and fees- heirs are obliged to pay inheritance tax and other fees established by law. The amount of the tax depends on the degree of kinship and the value of the inheritance.
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  Obtaining a certificate of the right to inheritance- after paying all the necessary payments, the notary issues a certificate of right to inheritance, which is the main document confirming the transfer of property from the deceased to the heirs.
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  Registration of property rights - on the basis of the certificate of the right to inheritance, the heirs can apply to the relevant authorities for registration of ownership rights to real estate and other property.

This procedure ensures the systematic and legal transfer of property rights from the deceased person to his legal heirs, ensuring compliance with legal requirements and maintaining order in inheritance matters.

These questions and answers cover the main aspects of probate, both statutory and probate.

Legal support during inheritance

Legal marketplace "Consultant" provides legal assistance services, in particular in matters of inheritance in Ukraine. Here are the main aspects of the help that the lawyers of this marketplace can provide:

1. Consultations on inheritance: provision of general information on the legal aspects of inheritance by law and by will, clarification of the rights and obligations of heirs, as well as issues related to the mandatory share in the inheritance, determination of the order of heirs and their rights.
2. 
   Preparation and execution of a will: assistance in drawing up a will taking into account all legal nuances, consultations on the correct formulation of the testator's wishes to avoid possible disputes, notarization of the will.
3. 
   Support during the opening of an inheritance: assistance in opening an inheritance case at a notary, consultations on the terms and procedure for accepting an inheritance, preparation of the necessary documents for obtaining a certificate of the right to inheritance.
4. 
   Registration of inheritance for real estate and other property: preparation and submission of applications to registration authorities for registration of ownership of inherited property, consultations on inheritance taxation.
5. 
   Challenging a will and resolving inheritance disputes: legal representation in court when challenging a will or when resolving disputes between heirs, protecting the client's interests in issues related to a mandatory share in the inheritance.
6. 
   Support during the division of inheritance: organization and legal support of the procedure for dividing the inheritance between heirs, assistance in resolving conflicts between heirs regarding the distribution of property.

The services of the lawyers of the "Consultant" marketplace can be provided both remotely and during personal meetings, depending on the specific needs of the client. They can help avoid mistakes in the registration of inheritance, protect the rights of heirs and ensure the legality of the transfer of property according to the will of the testator or the law.