Advice and assistance in inheritance or inheritance law in Ukraine.

(Protection and assistance in inheritance acceptances, divisions and successions in Ukraine)

 

The continuous increase in so-called mixed families between Italy and Ukraine, especially in the last decade, has meant that those whose mission is to protect foreigners in Ukraine are also a primary level firm in the sector of Ukrainian successions and inheritances.

Hereditary or succession law in Ukraine is a branch of law applicable to hereditary succession, by which it is carried out in an equitable manner, as regulated by Ukrainian law, regulates the sub-entry of certain new holders into the transmissible legal relationships that concerned the deceased subject .

In inheritance law in Ukraine, absolute patrimonial rights (property, other real rights and related shares) are generally transmitted, except in particular cases established by Ukrainian legislation and contracts and obligations such as relationships inherent to the company.

The types of succession in Ukraine are: testamentary or by will, legitimate or by law (in the absence of a will) and other cases provided for by Ukrainian legislation.

The legislation on inheritance and succession law in Ukraine originates from the current Ukrainian civil code starting from art. 1216, which regulates the concept of inheritance and special Ukrainian laws on the matter.

It seems appropriate to point out that the continuous changing of the reference rules and laws require specific, professional and updated knowledge of the topic in question, this page being merely indicative of the topic. Therefore, it is not recommended to act in an improvised and unprofessional manner.

In short, inheritance in Ukraine is regulated as follows:

Inheritance law of Ukraine is a set of legal norms that establish the order of transfer of the rights and obligations of the deceased (testator) by inheritance right to one or more persons (heirs).

Inheritance in Ukraine is the transfer of property and patrimonial and non-patrimonial personal rights and obligations of the testator to his heirs. The set of these rights and responsibilities is a legacy in Ukraine. Inheritance in Ukraine does not include some non-property personal rights of the testator provided for by Ukrainian law, for example rights inextricably linked to the deceased person.

The testator in Ukraine can only be a natural person (citizen of Ukraine, foreign citizen or stateless person).

Heirs in Ukraine can be both natural and legal persons, as well as the Ukrainian state and other entities of public law. The possibility of being called upon to inherit in Ukraine does not depend on the nationality of the individual and the state of his legal capacity.

The basis of inheritance in Ukraine whether by Ukrainian law or by will cannot be the subject of an agreement that does not comply with current Ukrainian law. When inheriting by law in Ukraine, the procedure and conditions of transfer of the rights and obligations of the testator are exclusively specified in the Civil Code of Ukraine: the testator's property is divided equally among the persons listed by Ukrainian law and called upon to inherit, in accordance with the established order. In cases where the basis of inheritance in Ukraine is a will, the appointment of heirs, the distribution of rights and obligations among the heirs, depend exclusively on the will of the testator in accordance with the principle of freedom of will in Ukrainian inheritance law .

The right of inheritance arises on the day of the opening of the inheritance, i.e. the day of the person's death or the day from which he or she is declared dead. The content of the right of inheritance are certain opportunities that can be used by the person who has this right. Among these is the right to accept an inheritance, to renounce it in general or in favor of another person, to show no interest in it, that is, not to undertake legally significant actions to accept or renounce inheritance.

It should be noted that the civil law of Ukraine establishes five subordinate levels of heirs. First of all, the right of inheritance by law of Ukraine belongs to the children of the testator, including those born after his death, the parents of the deceased, the surviving spouse. Secondarily the heirs by Ukrainian law, the legislator includes the brothers of the testator, his grandparents, both on the father's and mother's side. Thirdly, the right of inheritance by Ukrainian law goes to the relatives of the testator's uncle and aunt. Persons who have lived with the testator in the same family for at least five years before the opening of the inheritance and who have the right to inheritance in the fourth place are classified as heirs. Fifth, the Ukrainian right of inheritance by law belongs to the testator's dependents who were not members of his family, as well as other relatives of the testator up to and including the sixth degree of kinship. Grandchildren (great-grandchildren), great-grandmother, great-grandfather, grandchildren of the testator are not included in the heirs by Ukrainian law.

However, the Ukrainian legislator provides the opportunity to change the order of obtaining the right of inheritance by concluding the contract between the interested heirs before a notary of Ukraine.

The right of inheritance by an heir called by inheritance is exercised with the acceptance of the inheritance by submitting a request for acceptance to the notary office of Ukraine of the place of opening of the inheritance within six months (peremptory, except in particular cases provided for law), starting from the moment of opening of the inheritance. Such actions are not required if the heir resided permanently with the testator at the time of opening the inheritance and within six months set for acceptance of the inheritance, did not declare the renunciation. A minor, an incapacitated person, as well as a person whose civil capacity is limited, is considered to have accepted the inheritance, unless they have filed an application for refusal to accept the inheritance, which was not withdrawn from them within the deadline established for its acceptance. Acceptance of the inheritance must be unconditional.

As mentioned above, in Ukraine the heir by law or by will has the right not only to accept or not accept the inheritance, but also has the right to refuse to accept the inheritance.

 

The International Law Firm for Ukraine LegalGB boasts specific experience in the sector of inheritance or inheritance law in Ukraine and is able to support its clients in the protection of their rights if necessary.

It is essential in the case of issues relating to inheritance in Ukraine to turn to highly professional professionals and above all well in advance before the expiry of the six months granted for official acceptance of the legacy. In fact, the documents that precede the acceptance before the notary in charge are often difficult to obtain and, in their absence, the right to obtain the inheritance can be forfeited.

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