Receiving an inheritance
According to the provisions of the Civil Code of Ukraine, inheritance occurs in two ways: by will and by law.
Inheritance by will is a priority, if the testator has made a will, and its provisions are taken into account first of all, not kinship ties and degrees of kinship.
The testator may, without giving reasons, forfeit any person’s right to inherit.
The only exception is the right to a mandatory share in the inheritance.
This means that the testator’s minor and adult incapable children, the incapable widows (widowers) and incapable parents inherit a half of the share that would be due to each of them when inheriting by law (mandatory share) regardless of the content of the will.
In the absence of a will, inheritance occurs according to the law.
In this case, the Civil Code of Ukraine provides for a clear order of relatives of the testator who can claim the inheritance:
Line 1: the testator’s children, including those conceived during the testator’s lifetime and born after his death; the spouses and parents.
Line 2: the testator’s siblings, grandparents both on the father’s side and on the mother’s side.
Line 3: the testator’s own uncles and aunts
Line 4: persons who lived with the testator as a family for at least five years before the opening of the inheritance.
Line 5: other relatives of the testator up to and including the sixth degree of kinship, and relatives of a closer degree of kinship are excluded from the right of inheritance of relatives of a distant degree of kinship.
The degree of kinship is determined by the number of births that distance the relative from the testator. The birth of the testator himself is not included in this number.
Also, the dependents of the testator belong to the 5th line.
The testator’s grandchildren, great-grandchildren, great-grandparents, nephews, cousins inherit by right of representation, according to Article 1266 of the Civil Code of Ukraine.
In order to enter into an inheritance and formalize the ownership of the inherited property, the heir must claim to the notary with the appropriate application before the expiration of 6 months from the date of the testator’s death and provide identity documents (inheritance by will) and documents confirming the degree of kinship between the testator and the heir (inheritance by law), as well as documents confirming other circumstances (cohabitation, change of surname, etc.).
Contact ADVA lawyers, they will analyze your situation, explain what rights you have and what steps you should take to obtain a proper inheritance for you.