Probably everyone dreams of receiving a million dollars as an inheritance from some distant foreign relative. Of course, that would be great, many have already imagined how they bathe in a pile of green bills. But in everyday life, this happens quite rarely. Nevertheless, it will be useful for anyone to know how the inheritance takes place in Ukraine and the nuances associated with this procedure.
What is inheritance
Ukrainian legislation gives such a definition to this phenomenon – it is the process of transferring rights to property and the obligations associated with it from the testator to the heirs. Inheritance is a complex of property rights, obligations, material values and other types of property that belonged to the testator on the day the will was opened. It cannot include rights or obligations that are inextricably linked with the personality of the testator, such as:
- The right to receive or receive child support, the right to a pension or other social assistance;
- The right to receive compensation for damage to health;
- Personal non-property rights;
- Credit obligations are inextricably linked with the personality of the testator;
- The right to participate in public organizations or associations, unless otherwise provided by statutory documents or legislation.
The inheritance is considered open on the day of the death of the testator, and the place of opening is the last place of his residence. Inheritance can be realized by will, and in its absence, on a general legal basis.
Receipt of inheritance by will
A will is drawn up by an individual who has full civil legal capacity and who wants to determine the procedure for inheriting his property. Such a document is drawn up by a notary and has an exclusively personal character. A will is drawn up in writing with a note of the date and place of registration. It must be signed personally by the testator.
The testator has the right to add and remove from the will any persons who have family ties with him or not. The document can be drawn up both for the entire property, and for its part. Material assets not distributed by will are inherited in accordance with the law.
Art. 1241 of the Civil Code of Ukraine clearly limits the circle of persons entitled to claim inheritance:
- Children of the testator;
- Disabled spouse (spouse);
- Disabled parents.
A will, executed incorrectly or under threats, can be challenged in court and invalidated.
Receiving an inheritance by law
According to legal norms, the inheritance is realized in the absence of a will left by the deceased person. According to the law, property is inherited in the next order. Each successive heir can inherit the property only if the previous one did not inherit it for some reason.
If an individual has been taking care of for a long time, provided material assistance to the testator due to his helplessness, then he can apply for an increase in the line for inheritance by a court decision.
Art. 1261 and 1265 of the Civil Code of Ukraine regulate the procedure and the circle of persons who receive inherited property in the absence of a will:
- The first are children, spouse or spouse, parents;
- The second are brothers, sisters, grandfathers and grandmothers;
- Still others are uncles and aunts;
- Fourth – individuals who lived with the testator as one family for at least five years before his death;
- Fifth – other relatives with a degree of kinship of no more than six, dependents who are not a relative of the testator.
Inheritance – procedure
To receive an inheritance, a person who has all rights to it has a period of six months, which is counted from the date of the death of the testator. If the heir missed this deadline for reasons beyond his control, he can extend it through the court to file an application.
The first thing the heir needs to do to enter the inheritance is to submit a package of documents to the State Notary Office, which includes:
- Declaration of readiness to accept the inheritance;
- Death certificate of the testator;
- A medical examiner’s certificate of the cause of death;
- Certificate of the last place of residence;
- Passport and identification code;
- Will (if any);
- A document confirming family ties – birth certificate, marriage certificate.
The notary checks the availability of open cases for obtaining the same inheritance, since sometimes the heirs may not coordinate their actions and apply to different notary offices. If there is such a case, then it is conducted only by the notary to whom they first applied.
Also, to obtain a certificate of the right to inheritance, you will need documents confirming the testator’s ownership of specific property: an apartment, a car, land, etc.
It must be remembered that the following payments will have to be paid for the inheritance:
- State fee;
- Fee for performing notarial acts;
- Hereditary register;
- The costs of appraising the property of the testator.