Frequently Asked Questions about Inheritance and Succession: Lawyer's Answers

Both citizens of Ukraine and foreigners quite often contact our company with requests for assistance in formalizing inheritance in Kyiv. In this publication we have gathered the most frequent and interesting questions about the inheritance law matters.

If you have not found the answer to your question, please call our specialists. We can consult you and help to solve your problem.

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What is the order of succession? 

The order of succession is determined by Articles 1261-1265 of the Civil Code. According to the law, there are five priority legal heirs applicable in the absence of a will.

Characteristically, each sequent turn has the right to inherit only in the absence of persons from the previous turn. That is, the second priority legal heirs may claim for succession only in the absence of the first priority legal heirs, and so on. 

But what to do when you don’t know about the previous turn of heirs and they did not appear in time to accept the inheritance? They can begin to defend in court their right of first priority to inheritance.

Our lawyers have repeatedly had to make efforts to put forward arguments in court, because in the case of appeal of the right of inheritance - everything will depend on the decision of the court. 

We can offer you legal assessment of your situation, prepare a claim and represent your interests in court. If you are a defendant, we will build a defensive position and represent your interests.

If the case has not yet reached the court and you want to solve the issue in a pretrial procedure - we will tell you about the prospects for a settlement agreement and take care of its documentary registration.

What is the inheritance division procedure? 

The inheritance is divided only in the absence of a will. But even if there is a will, there are exceptions - persons who cannot be deprived of the right to inherit. These are underage and minor children of the testator, his/her widow/widower, disabled parents, and adult disabled children. Regardless of the presence or absence of a will, the above persons have the right to inherit.

However, if there was a will and these persons were not included in it, they are entitled to only half of the share that they would have received if they had inherited by law. As for the distribution of inheritance by law, according to part 1 of Article 1267 of the Civil Code of Ukraine, the share of the legal heirs shall be equally divided. 

This may raise the following question, How can you be sure of the equality of shares and whether there are any property of which you have no idea? The notary is unlikely to be able to help in this matter, because you need to provide the notary with an assessment of property and ready-made information to certify the fact of acceptance of the inheritance. In this case you should consult with a lawyer and get the necessary answers.

What rights to inheritance does the common-law wife/husband have? 

Article 74 of the Family Code establishes the right of common-law partners for common joint ownership of property acquired during cohabitation. Another thing is how to prove in practice the moment when cohabitation began and what exactly was acquired during this period? This is especially true when the family “period” amounts to a few years and there are no common children.

According to the Civil Code, by definition, “cohabitants” only fall under the fourth line of inheritance, and on the condition of living together as a family for more than five years. Thus, a common-law wife/husband, according to the Civil Code, has the right to inherit under two conditions:

1. If there are no heirs from the three previous turns;

2. If you can prove the fact of living together as a family for five years or more at the time of the testator’s death.

As a rule, the most problems arise with proving the fact of living as a family.