FAQ Inheritance Law

The persons specified in the will have the right to inherit.
In the absence of a will, its invalidation, non-acceptance of the inheritance or refusal to accept it by the testamentary heirs, as well as in case the testament does not cover the entire inheritance, the right to inherit by law is granted to persons belonging to the relevant line of legal heirs.

Yes, legal entities and other participants in civil relations, in particular, the state of Ukraine, the Autonomous Republic of Crimea, territorial communities, foreign states and other subjects of public law, may be heirs, but only by will. Thus, legal entities can acquire the right to inherit only if their name is mentioned by the testator in the will

An heir who wishes to accept the inheritance, but at the time of the opening of the inheritance did not live permanently with the testator, must submit an application for acceptance of the inheritance to a notary or in rural settlements - to an authorized official of the relevant local government.
Such an application must be submitted within 6 months after the opening of the inheritance (death of the testator).
It is necessary to apply to a notary at the last place of residence of the testator (settlement) or, if it is unknown, at the location of real estate (its main part).

Together with the application for acceptance of the inheritance, the heir submits to the notary:
• documents confirming family ties with the testator (birth certificate, marriage certificate, etc.);
• documents confirming the fact of death of the testator (death certificate, certificate of cause of death);
• documents on the right of ownership of real estate, which are part of the inheritance;
• documents confirming the identity of the heirs (passport and individual tax number).

The inheritance includes all the rights and obligations that belonged to the testator at the time of the opening of the inheritance and did not end as a result of his death.
The inheritance does not include rights and obligations that are inextricably linked to the person of the testator, in particular:
1) personal intangible rights;
2) the right to participate in associations and the right of membership in associations of citizens, unless otherwise provided by law or their constituent documents;
3) the right to compensation for damage caused by injury or other damage to health;
4) the right to alimony, pension, assistance or other payments established by law;
5) the rights and obligations of the person as a creditor or debtor.

A period of six months is set for the acceptance of the inheritance, which begins from the time of the opening of the inheritance.
If a person's right to inherit depends on non-acceptance of the inheritance or refusal to accept it by other heirs, the term for acceptance of the inheritance is set at three months from the moment of other heirs' non-acceptance of the inheritance or refusal to accept it.
If the remaining period is less than three months, it is extended to three months.

If the heir has not submitted an application for acceptance of the inheritance within six months from the time of opening the inheritance, he/she shall be deemed not to have accepted it.
With the written consent of the heirs who accepted the inheritance, the heir who missed the deadline for acceptance of the inheritance may submit an application for acceptance of the inheritance to a notary or in rural areas - an authorized official of the relevant local government at the place of opening the inheritance.
Upon the claim of the heir who missed the deadline for acceptance of the inheritance for a good reason, the court may determine an additional period sufficient for him to submit an application for acceptance of the inheritance.
It should be noted that in the court heir will need to explain the importance of missing the deadline (illness that restricted movement, long-term business trips, etc.) and only if they are recognized as valid, the court will extend the term.

According to the law, the children of the testator (including adopted children), the surviving spouse, parents (including adoptive parents), as well as children born after the testator's death, inherit in the first place.
The second line includes the brothers and sisters of the testator, grandfather, grandmother of the deceased, both on the mother's side and on the father's side.
Thirdly, the right to inherit by law have the relatives of the testator's uncle and aunt.
In the fourth place - persons who lived with the testator in one family for at least five years before the opening of the inheritance.
The fifth line of heirs includes other relatives of the testator up to and including the sixth degree of kinship, and relatives of the closest degree of kinship are excluded from the right to inherit by relatives of the next degree of kinship.
In addition, in the fifth place, the testator's dependents who were not members of his family have the right to inherit by law. These include a minor or incapacitated person who was not a member of the testator's family, but received financial assistance from him for at least five years, which was his only or main source of livelihood.

Heirs by law are called upon to inherit in order of priority.
The order of heirs depends on the degree of their relationship with the testator.
Each subsequent turn of heirs by law receives the right to inherit in the absence of heirs of the previous turn, their removal from the right to inherit, their non-acceptance of the inheritance or refusal to accept it.
Within the same queue, the heirs inherit the property of the deceased in equal shares.

A person whose rights and interests have been violated by a will may file a lawsuit to invalidate the will.
The grounds for invalidating a will are:
1) Making a will by a person who did not have the right to do so, or by an incapable person.
2) Making a will in violation of the requirements for its execution and certification.
3) When drawing up a will, the testator's will was not free and did not correspond to his/her will.