Receiving inheritance in Ukraine. Legal advice

How to determine the order of inheritance?

In Ukraine, inheritance is governed by both statutory rules and wills. While the distribution of assets through a will is clear-cut, inheritance based on statutory rules involves the following order of succession:

• First order of heirs: The children of the deceased, including those conceived during their lifetime and born after their death, the surviving spouse, and the parents.
• Second order of heirs: Siblings of the deceased, as well as grandparents on both the paternal and maternal sides.
• Third order of heirs: Aunts and uncles of the deceased.
• Fourth order of heirs: Individuals who lived with the deceased in one family for at least five years before the inheritance is opened.
• Fifth order of heirs: Other relatives of the deceased up to the sixth degree of kinship, including dependents of the deceased who were not family members. Closer relatives in this order exclude more distant relatives from the right of inheritance.

In matters of inheritance, correctly establishing your position in the order of succession is crucial. Despite the widespread belief that grandchildren have an unequivocal right to inheritance, they are placed within the order of succession up to the 5th position. Conversely, the civil partner of the deceased, whether husband or wife, is classified within the 4th order.

To determine your place in the order of inheritance, it is essential to prepare the relevant documents that confirm your affiliation with a particular order. These documents may include a birth certificate, marriage certificate, evidence of cohabitation, and so forth.

Who is entitled to inherit without a will?

In the absence of a will, inheritance follows legal provisions. In such cases, the right to inherit is granted to five classes of heirs if they accept the inheritance and submit the necessary documents.

What is not included in the inheritance?

• Personal non-property rights.
• The right to participate in societies and membership in citizen associations, unless otherwise specified by law or their founding documents.
• The right to compensation for harm caused by injury or other health impairments.
• Rights to alimony, pensions, benefits, or other payments established by law.
• Rights and obligations of a person as a creditor or debtor.

Inheritance Processing Procedure

To initiate the probate process, one should submit an application to the relevant notary. It is important to note that if another heir has already opened the probate case, it is necessary to approach the same notary handling that specific case.

After submitting the application and accepting the inheritance, obtain an extract from the inheritance registry and a certificate detailing the heirs.

Once the deadline for other heirs to accept the inheritance has passed, you can begin the process of re-registering the inherited property. The legislation does not specify a timeframe for the re-registration of inherited property.

What to do after receiving the certificate of inheritance rights?

After the inheritance property has been processed, the heir is free to manage it at their discretion.

Automatic Inheritance Acceptance

Automatic acceptance of inheritance occurs when an heir, who has been residing with the deceased for a continuous period of 6 months, does not refuse the inheritance.

Inheritance Acceptance Statement

 A written document submitted by the heir to accept the inheritance. The statement is notarized if submitted by a representative, or it can be drafted in the presence of the notary handling the probate case. Our legal experts will assist not only in preparing the statement but also in guiding through the entire necessary process with it.

Which notary deals with inheritances?

While any notary can handle inheritance matters, not all may specialize in such cases. Therefore, it is recommended to work with notaries who have direct experience in the field of inheritance. We know such notaries.

How to formalize inheritance without documents?

It is quite common for heirs to lack legal documents for the inherited property. In such cases, obtaining duplicates for the assets becomes necessary. If the inheritance involves property tax payment, especially for foreigners, additional preparation of an appraisal report, and possibly other documents, may be required.

However, the general approach is that if the required documents are not available, efforts should be made to either recover or recreate them.

Procedure for Formalization and Inheritance Acquisition in Ukraine: Inheritance Consultation

The result of the consultation is to clarify the client's legal rights and obligations in a language they understand when transferring or accepting an inheritance. It also involves providing the client with specific advice that maximally guarantees their interests. Each consultation is tailored to the individual.

During the consultation, you can learn, among other things, the advantages and disadvantages of transferring your property to heirs through a will, the options for testamentary refusal, inheritance agreements, lifetime support agreements, and more. It also covers personal preferences compared to other heirs, mandatory shares, and when it might be advisable to decline an inheritance.

Legal Assistance in Securing Inheritance Rights in Ukraine

Our company's lawyers will promptly:

• Analyze your situation and the documents you possess.
• Assist in the restoration of legal documents for the property if they were unexpectedly lost by the deceased.
• Facilitate the notarial re-registration of the inheritance in your name.

Assistance in Drafting a Will, Entering into an Inheritance Agreement, or a Lifetime Support Agreement

Inheritance agreement preparation is a crucial step to ensure the proper transfer of assets in Ukraine. If you feel that your property should not be distributed among heirs according to the order and priority set by law, you can manage it according to your preferences. In some cases, it may be beneficial, even with children, to enter into a lifetime support agreement, especially if they reside abroad and financially support you. There's no hidden agenda here; you are simply facilitating the conditions for them to inherit the property when the time comes.

Legal experts can guide you through the inheritance agreement preparation process to avoid potential disputes.

Inheritance Proceedings through the Court

Inheritance essentially involves the transfer of property. Disputes over inheritance often involve significant amounts of money, requiring specialized legal expertise. Receiving inheritance can involve navigating complex legal processes, including probate court proceedings and the settlement of estate taxes. Unfortunately, conflicts often arise during inheritance, whether among heirs or between creditors and heirs, and so forth. Typically, these issues can be resolved amicably. Our company's lawyers have experience in settling such disputes. However, when a peaceful resolution is not possible, resorting to the courts becomes necessary.

There are situations where court intervention is required even in non-contentious circumstances. For instance, it may be necessary to confirm a family connection due to incorrect entries in a passport or birth certificate, loss of documents, etc. These are known as cases of establishing facts with legal significance. Sometimes, it is necessary to judicially restore a missed inheritance deadline.

The legal implications of receiving inheritance may vary significantly depending on the jurisdiction, requiring beneficiaries to consult with an estate attorney to ensure compliance with local laws. Our company's lawyers have extensive experience in resolving inheritance cases in court. The issues related to entering into inheritance in Ukraine are relevant for a significant number of foreigners. 

Lawyers that deal with inheritance specialize in estate planning, probate processes, and resolving disputes among heirs, ensuring the proper distribution of assets according to the deceased's wishes. No matter how saddened we may be by the loss of loved ones, this fact gives rise to certain legal consequences, with the primary one being the right to inherit. Proper estate planning can help minimize the taxes on the money inherited, preserving more assets for the beneficiaries.

At first glance, this may seem like a straightforward procedure that doesn't raise many questions. However, practical experience indicates the existence of nuances. Understanding and correctly utilizing these nuances can help fully realize and protect one's inheritance rights. 

Furthermore, correctly processed inheritance will safeguard you from potential negative outcomes. Our lawyers will give practical advice on any issues of inheritance registration. We will make all preparations to make the inheritance process as easy and clear as possible.

Please note! Upon receiving an inheritance, there is a question of inheritance tax in Ukraine. That's why it is necessary to engage a specialist not only in civil law but also in taxation for the inheritance process.

If you're unsure how to receive inheritance, consulting a lawyer familiar with Ukrainian inheritance laws is essential to navigate the process smoothly.

A detailed and comprehensive exploration of all the nuances related to the exercise of the right to inherit in Ukraine enables us to effectively address the needs of our clients.

If you need to formalize inheritance in Ukraine, feel free to reach out to us!