Consultation: features of inheritance by law and by will

Features of inheritance by law and by will

Intestate inheritance occurs when the deceased left a will - a document in which he determined how his property should be distributed after his death. The will specifies the heirs and the shares they will receive. The will must be genuine and certain formalities must be completed in accordance with the laws of the country.

In Ukraine, inheritance by will is regulated by the Civil Code of Ukraine and other relevant legislation. Any adult citizen of Ukraine has the right to make a will. A will can be drawn up in person or with the help of a notary. The will must be signed by the testator in the presence of two witnesses, who must also sign the document. If a will is drawn up with the help of a notary, it is signed and certified in the presence of witnesses. The will indicates the heirs and their shares. Heirs can be individuals (relatives, spouses, etc.) or legal entities (such as charities). The Testator can appoint an executor to administer his estate in accordance with the will after his death. After the death of the testator, the will is executed in accordance with his instructions. If the will does not appoint an executor, the execution of the will is entrusted to the heirs. Heirs can challenge the will in court if they believe that it was drawn up in violation of the law or under the influence of deception or coercion. To simplify the inheritance procedure, a will can be executed through a notary. The notary confirms the authenticity of the will and enters it into the state register of wills. Types of inheritance by will: The testator may establish in the will certain conditions that must be met in order to receive an inheritance. For example, the will may provide that the heir will receive his or her share only under certain circumstances or after performing certain actions. A will may set out certain obligations or conditions that must be met by the executor of the will before the heirs can receive their shares of the estate. A will may set out certain obligations or conditions that must be met by the executor of the will before the heirs can receive their shares of the estate. The will may provide that each heir will receive a certain share of the property, unconditionally or subject to certain conditions. The testator may indicate in the will alternative heirs who will receive the inheritance if the original heirs refuse the inheritance or die before the inheritance.

The legal stages of inheritance by law 

A lawyer can provide significant assistance in various aspects of testamentary succession in Ukraine. Here are the types of assistance he can provide:

• Making a will: The legal stage begins with making a will. A will must be in writing as required by law. The will specifies the heirs and their shares, as well as other important dispositions regarding the property.
• Authentication of a Will: The Will must be signed by the testator in the presence of two witnesses, who must also sign the document. If a will is made I through a notary, the notary also certifies the authenticity of inheritance under a will in Ukraine.
• Execution of a notarized will: To facilitate the inheritance procedure, the testator can execute a will through a notary. The notary will attest to the authenticity of the will and enter it into the state register of wills.
• Appointment of Executor: In a will, the testator may appoint an executor to administer his property in accordance with the will after his death.
• Challenging a will: Heirs have the right to inherit under a will to challenge the will in court if they believe that it was drawn up in violation of the law or under the influence of deception, coercion, etc.
• Resolution of legal issues: During the process of inheritance, various legal issues arise, such as transfer of rights to property, settlement of debts and taxes, valuation of property and others. Lawyers can help resolve these issues.
• Registration of inheritance: After the death of the testator and execution of the will, it is necessary to register the inheritance with the appropriate government authority.
• Legal support for the legal process of inheritance (if necessary): In the event of a will being contested or other disputes related to inheritance, lawyers can represent the interests of the heirs in court and provide legal assistance throughout the entire legal process.

Each stage of inheritance registration requires a careful approach to legal details and compliance with legislative requirements.

Under what conditions can the service be provided?

Legal assistance in inheritance matters can be provided in various situations, including:

• Making a Will: Legal assistance may be available when making a Will. A lawyer can help the testator correctly formulate his will and take into account all the legal aspects of inheritance.
• Challenging a will: If the heirs believe that the will was drawn up in violation of the law, the rules of inheritance under a will were violated or under the influence of deception, coercion, etc., a lawyer can help them prepare a statement of claim and represent their interests in court.
• Execution of a will: When executing a will, a lawyer can help the heirs with various legal aspects such as transfer of property, settlement of debts, valuation of property, etc.
• Tax and financial issues: A lawyer can help heirs understand the tax and financial aspects of the estate, including paying taxes, preparing returns, etc.
• Legal support: If disputes arise or a will is contested, a lawyer can represent the interests of the heirs in court and provide them with legal assistance at all stages of the legal process.
• Registration of inheritance: A lawyer can help heirs with the formalization and registration of inheritance with the relevant authorities, with entry into inheritance under a will correctly.

Thanks to legal advice, heirs will be able to avoid many legal problems.

Under what conditions can the service not be provided?

The service of legal assistance in matters of the right of inheritance under a will may be limited to certain conditions or circumstances. Here are some examples when the service may be difficult or impossible:

1. Lack of legal capacity of the client: If the client does not have full legal capacity (for example, a minor or a person with limited legal capacity), legal assistance may be limited or require the participation of legal representatives - conditions of intestate succession.
2. Conflict of Interest: If a lawyer has a conflict of interest with a client or other parties in an estate dispute, he may be forced to decline to provide legal assistance in that particular case.
3. Non-specialized profile: Some lawyers may specialize in other areas of law and may not have sufficient experience or knowledge of probate law, which may make it difficult to provide quality probate and probate services.
4. Lack of client trust: If a client does not trust a particular lawyer or does not consider him competent, he may refuse his services and look for another specialist.
5. Legal restrictions: In some cases, the law may impose certain restrictions or prohibitions on the provision of certain legal services in the field of inheritance law. For example: An inheritance agreement under a will may be concluded between the heirs to determine the legal status of the inheritance and the distribution of property in accordance with the will, but this very agreement was written under duress.
6. Lack of fee agreement: If the client and lawyer cannot agree on the amount and terms of payment for services, the provision of legal assistance may be difficult.

In the event of restrictions, clients should pay attention to choosing a competent specialist and ensuring all the necessary conditions for high-quality legal assistance.

How to figure it out on your own?

Independent proceedings a will are possible, but can be complex and require careful study of the legislation and procedures. Here are a few steps that may help you understand this issue:

• Research the Law: Start by researching the relevant laws and regulations governing inheritance in your country or region. Familiarize yourself with the basic provisions about wills, heirs, shares and the concept of inheritance under a will in general.
• Familiarize yourself with your specific situation: Review the will and other probate documents to understand what instructions and directions are in the will, who the heirs are, and how the estate is distributed.
• Getting advice: If you have questions or doubts, seek advice from a specialist in the field of inheritance law, for example, a lawyer or notary, they will tell you about the rules of inheritance by law. He can help you clarify any confusion and explain your situation.
• Analysis of possible problems: Assess possible problems or controversial issues that may arise during the inheritance process and prepare to resolve them. Civil law of inheritance by will establishes the basic principles of inheritance by will, including the rights and obligations of heirs, the procedure for executing a will niya and its contestation.
• Gathering Necessary Documents: Gather all the necessary documents related to the inheritance, such as a will, death certificates, property documents, etc.
• Dispute resolution (if possible): If disputes arise between heirs or other interested parties, try to resolve them through dialogue and compromise before going to court to resolve the issue of testamentary succession in Ukraine.
• Act legally: Make sure all your actions comply with the laws of your country or region to avoid unexpected legal problems.
• Get professional help when needed: If you encounter serious legal issues or disputes that you cannot resolve on your own, seek the assistance of a qualified attorney or notary public.

Independent resolution of inheritance issues by will is possible, but requires a careful approach, knowledge of the law and careful preparation of documents. In the event of difficulties or disputes, contacting a qualified lawyer can ensure effective protection of the rights and legitimate interests of heirs.

Risks of independent inheritance registration

Legal errors: Incorrect interpretation of the law or registration of documents can lead to loss of inheritance.

Unforeseen disputes: Lack of full understanding of the rights of other heirs can cause conflicts that are difficult to resolve without a court.

Financial losses: Untimely payment of taxes or contributions can be the basis for the imposition of fines or other financial sanctions.

Frequently asked questions

What determines the cost of services?

The price is determined by several factors. Among them is the complexity of the situation, for example, the presence of disputes between heirs or the need for a detailed analysis of documents. The format of the consultation also plays an important role: whether it is a one-time meeting, a written report, or long-term support. The level of training and experience of the lawyer, as well as the urgency of processing the request can significantly affect the total cost of the service.