THE LEGACY OR THE Covenant? HOW TO ACCEPT?
According to Article 1216 of the Civil Code of Ukraine, inheritance is the transfer of rights and duties (inheritance) from the deceased individual (heir) to other persons (heirs).
The heir is an individual whose rights and responsibilities are transferred to others after death.
The heirs are the persons who acquire the right to inheritance (the persons who are alive at the moment of opening the inheritance, the persons who were conceived during the life of the heir and born after the opening of the inheritance, as well as legal entities and the state). Inheritance is closely linked to ownership because inheritance is one means of acquiring ownership.
The inheritance includes all the rights and obligations that belonged to the heir at the time of opening the inheritance and did not terminate as a result of his death. However, there are such rights and responsibilities that are not inherited. Article 1219 of the Civil Code of Ukraine provides that one may not inherit rights and obligations that are inextricably linked to the person of the heir, personal non-property rights; the right to participate in partnerships and the right of membership in associations of citizens, unless otherwise provided by law or their constituent documents; the right to compensation for damage caused by injury or other damage to health; entitlements to alimony, pension, assistance or other statutory benefits; (this does not apply to any payments made to the heir but not received for his or her lifetime – they are passed on to his or her family members, and in the absence of such payments, are inherited); rights and obligations of the person as creditor or debtor.
Where to apply for inheritance?
The heir who wishes to receive the inheritance but did not reside permanently with the heir at the time of opening the inheritance, must submit a statement of inheritance to the notary public or to the rural settlements authorized by the official of the respective local government body. The right of inheritance shall be opened at the last residence of the testator or, if unknown, at the location of the immovable property (its principal part).
Applying for acceptance or rejection of inheritance
Persons wishing to receive an inheritance must apply to the notary public at the place where the inheritance is opened. The obligation to apply does not apply:
- for heirs who resided with the heir at the time of opening the inheritance (at the time of death). Such persons will automatically accept the inheritance unless they have filed a waiver application. Proof of joint residence – mark in the passport of the place of residence, certificate of the housing and operating organization, the board of the housing cooperative, the respective local self-government body that the heir lived with this heir on the day of the deceased’s death;
- for minors, minors, incapacitated persons and persons with disabilities. They are also considered to have accepted the inheritance automatically if not abandoned.
Documents for inheritance
Before visiting a notary public, it is necessary to prepare documents in advance for opening a hereditary case:
– passport and registration number of the heir tax payer account;
– certificate of death of the testator;
– a will, if any;
– if you are inheriting the law, get a document confirming your family relationship with the heir: it may be a birth certificate or a marriage certificate and so on;
– information from the competent authorities as to who lived with the deceased at the date of death is also required.
These are the basic documents for opening a hereditary case. You will also need to write an application for inheritance by law or by will. Either write another statement, such as abandonment of an inheritance, with or without a specific person from the circle of heirs.
Terms of submission of inheritance documents
The inheritance period is 6 months from the date of opening. If heir does not accept the inheritance within this period, he shall lose the right to accept it.
If the heir has resided (was registered) with the heir at the same address, he is deemed to have automatically inherited the inheritance if he has not filed an inheritance claim. However, if the estate includes real estate, you still have to apply for re-registration of documents. Otherwise, the heir will not be able to dispose of them further. It should be noted that in this case, the application can be submitted even after the 6-month period.
Author: Anatoliy Perepelchenko