Registration of the inheritance rights: procedure and features
Compliance with the requirements of the law on the registration of the inheritance right will help prevent disputes between heirs and the long litigation. This process requires consideration of many features. How to properly register the inheritance right, read below.
First you need to find out what is part of the heritage. As a general rule, you will inherit all the rights and responsibilities that belonged to the deceased. However, exceptions are those rights and obligations that are inextricably linked to legator, such as alimony rights, non-property rights, etc.

It is important to remember that the inheritance also includes the responsibilities of the legator, so you can inherit debts.

Inheritance can be carried out by law and by will. Inheritance by law is carried out alternately if there is no will or it does not cover all property.

The presence of a will can significantly affect the part of the property that you inherit and whether you inherit at all. This is due to the fact that the testator can appoint as his heir any natural or legal person and even the state. In this case, potential heirs may not have a family relationship with the testator. The testator may deprive any person of the right to inherit, except those who have the right to a mandatory share in the inheritance.

The legislator protected certain categories of persons during the inheritance by will. The right to a mandatory share in the inheritance has minor children and disabled: adult children, widow (widower) or parents. They inherit, regardless of the content of the will, half of the share that would belong to them by law.

A will may be declared invalid by a court if it is established that the testator's wish was not free and did not correspond to his wish.

Acceptance of the inheritance

As a general rule, persons wishing to accept the inheritance must apply to the notary at the place of opening the inheritance within 6 months from the time of its opening.

If this term is missed, it is considered that the person has not accepted the inheritance. However, with the written consent of the persons who accepted the inheritance, it is possible to submit to the notary an application for acceptance of the inheritance after the expiration of the six-month period. If it is not possible to obtain the written consent of the heirs or the inheritance has not been accepted, it is necessary to set an additional period for acceptance of the inheritance.

Only the court may set an additional period for filing an application. This rule can be applied if:

1) the heir had obstacles to submit such a claim;

2) these circumstances are recognized by the court as valid.

There is no exhaustive list of circumstances that are considered valid for the renewal of the term for acceptance of the inheritance, they are determined by the court in each case. According to court practice such reasons are recognized, in particular, the long-term illness of the heir, military service, etc.

They are considered to have аccepted the inheritance:

● minors, except in cases of refusal to accept the inheritance (unconditional principle of acceptance of inheritance).

● heir who permanently lived with the testator at the time of the opening of the inheritance (automatic acceptance of the inheritance).

Such persons are not required to apply for an inheritance.

A certificate of inheritance

An heir who accepted the inheritance may obtain a certificate of inheritance. His absence does not deprive him of the inheritance right.

However, if part of the inheritance includes encumbered property or property rights, real estate, the property of which is subject to state registration, the heir is obliged to obtain a certificate of inheritance for such property.

A certificate of inheritance is necessary for the proper registration of ownership of such property and its subsequent disposal (the ability to sell, donate or otherwise alienate).

The issuance of a certificate is not limited, but in any case it is issued after 6 months from the date of opening the inheritance.

Certificate of inheritance may be declared invalid if the person to whom it was issued did not have the right to inherit, in case of invalidation of the will, recognition of renunciation of inheritance invalid, recognition of marriage invalid, violation in connection with the issuance of a certificate of inheritance rights of others, etc. The dispute is resolved in court.

If you have any questions related to the exercise of the inheritance right - we advise you to contact professional lawyers who will guide you and provide individual advice on the analysis of your situation on any issue of inheritance, recognition of a will or certificate of inheritance invalid and, if it will be necessary, protect your rights in court.
15 APRIL / 2021

By: Olha Tur

+38 (097) 672-70-32
1, Shota Rustaveli Str., Lviv, Ukraine
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