Branches of law

Determination of the share of inheritance in the hereditary mass

The legislation of Ukraine gives a citizen the right to independently appoint heirs by drawing up a will and distribute property at his discretion.

Thus, when making a will, the testator can allocate shares in the inheritance to each heir or, for example, leave the inheritance to one heir without involving others.
However, even if the only heir is specified in the will, according to the Civil Code of Ukraine, there is a list of persons entitled to receive a mandatory share of the inheritance, regardless of the content of the will. These include:

  • minor and adult incapable children of the testator (including adopted ones);
  • incapable widow or widower;
  • incapable parents (including adoptive parents);
  • children conceived during the life of the testator and born after the opening of the inheritance.

The mandatory share of these persons is equal to half of the share that would be due to each claimant by law. Therefore, in order to determine possible claimants for a mandatory share of the inheritance, it is necessary to establish a circle of persons who could claim it by law in the absence of a will. It is equally important to determine which property the inheritance consists of.

ADVA specialists have experience in such cases, and they will help you to analyze such a situation, assess the prospect of inheritance and determine a clear course of action.

As for the acceptance of inheritance by law, at first glance everything is simple: it provides for equal shares of heirs. However, there are many cases when it is impossible or inconvenient to allocate equal shares in a certain property that is part of the hereditary mass.

In such cases, it is more expedient for the heirs to agree on the payment of a certain compensation or to redistribute the shares, being tied to a specific property.

During an oral consultation on such an issue, ADVA lawyers will fully analyze the current situation, offer favorable options for the client and help to negotiate with the other party to make the best decision in the interests of the client.

Initial legal consultation (up to 20 minutes)
150 ₴
Legal analysis of the situation and oral consultation
400 ₴
Negotiations in the interests of the client
350 ₴
Legal analysis of the situation and written consultation
300 ₴
Draft of a document
700 ₴
Action plan in the certain situation
1000 ₴
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