Disputes in the field of heritage
Inheritance – a transfer of rights and duties (inheritance) of an individual who died (the decedent) other persons (heirs).
Inheritance can be under the law and under the will.
Testament – the order made in case of death, which concluded in the form prescribed by law, includes the appointment of a successor.
The process of probate in Ukraine can be divided into three stages:
- entry inheritance;
- a certificate of inheritance;
- registration of property rights to inheritance.
Introduction inheritance depends on how it is implemented. The legislator distinguishes entry inheritance by law and by will.
Introduction inheritance by law.
Introduction inheritance by law implies acceptance of inheritance heirs according to the queue as follows:
• Children of the testator, the spouse who survived his parents;
• siblings of the testator, his grandparents, both on the part of the father and mother;
• a person living with the testator as one family for at least five years before the discovery inheritance;
• testator other relatives to the sixth degree of kinship inclusive.
Part heritage as a general rule, each legal heirs are the same! Only in the absence of the heirs of the previous turn of the next heirs entitled to inheritance.
Remember! Introduction inheritance by law is possible only in cases where there is no will.
Introduction inheritance by will.
Will can cover a whole property, and part of it, and heirs according to the covenant can be any natural or legal person, regardless of family or kinship ties with the testator. In some cases, the introduction of inheritance can occur both by law and by will (eg if the covenant applies only heir of the property).
Remember! Get fully prepared documents for an inheritance to be registered is only after six months from the date of death (she is dead) the testator.
Introduction inheritance can occur automatically (without submitting any documents) and the written statement heir.
Introduction inherited upon written request.
In this case, all persons who are not “automatic” heirs to receive the inheritance, should the place of residence of the testator to the notary personally submit an application for entry into an inheritance. If the testator has more than one residence, the application shall be submitted for the last place where the testator lived.
Remember! Application for entry into the inheritance is served in two ways: either the notary directly or by mail. If the second option, be sure to note that the heir signature on the declaration must necessarily be notarized.
We can help solve your problems in the field of genetic relationships on:
- establishing the right to inheritance;
- renew the term inheritance;
- establishing the right to a compulsory share of inheritance;
- recognition of the will invalid;
- recognition of the certificate of inheritance invalid;
- denial of inheritance;
- appeal decisions and actions of the notary when you make a legacy;
- representation of heirs and the testator in court;
- preparation of contract donation, permanent alimony, wills.
For more information please contact our lawyers.