Division of inheritance

Division of inheritance in Ukraine is one of the most common, but also the most conflicting procedures in the field of inheritance law. Heirs cannot always agree on the division of property, especially when it comes to real estate, land or business.

That is why it is important to understand how the law regulates the division of inheritance, what rights the heirs have and in which cases it is worth going to court or using a lawyer.

In this article, we will take a detailed look at the procedure for dividing an inheritance, the legal grounds, the circle of heirs, as well as typical problems that citizens face in the process of registering inheritance rights.

General principles of inheritance

In Ukraine, inheritance can pass to heirs:

• according to the will — if the testator left a notarized document with a disposition of property;
• by law — in the absence of a will or when the will does not cover all property.

In the case of inheritance by law, the order of succession is determined by the Civil Code of Ukraine. Most often, this refers to the first-order heirs: these are the children, spouse, and parents of the deceased.

The division of inherited property occurs in the following cases:

• several heirs claim joint property;
• the testator did not specify specific shares in the will;
• there are disputes regarding the composition of the inherited property;
• one of the heirs wishes to allocate his share separately.

Inherited property is considered joint partial ownership until the heirs agree on the division or go to court.

Ways to divide an inheritance

The division of inherited property can take place:

1. By agreement of the heirs

This is the simplest and least conflict-prone method. The heirs conclude an agreement on the division of the inherited property, specifying who receives what and who receives what. Such an agreement must be notarized.

For example: one person receives an apartment, another a car and cash deposits.

2. Through the court

If an agreement cannot be reached, any of the heirs may go to court with a claim for the division of the inheritance in kind or recognition of ownership of a certain share.

The court takes into account:

• property value;
• composition of the inheritance;
• number and order of heirs;
• the presence of disabled persons who are entitled to a mandatory share.

Features of property division

Disputes most often arise regarding housing that is inherited by several people.

In this case, the following options are possible:

• establishing shares in ownership (joint use);
• allocation of a share in kind (for example, a separate room or a separate entrance);
• payment of compensation to one of the heirs for his share.

It is important to know that the allocation of a share is possible only when the property can actually be divided without changing its purpose. If not, it is a question of monetary compensation or sale with subsequent distribution of the proceeds.

Mandatory share in inheritance

Even if there is a will, the law guarantees the right to a mandatory share:

• minor or disabled children;
• an incapacitated husband or wife;
• disabled parents.

Such individuals are entitled to half of the share that would be theirs by law, even if they are not named in the will. This often complicates the division of property, especially when there are a large number of heirs.

Division of debts and liabilities

In addition to assets, heirs also assume the testator's obligations: loans, debts, fines. They are responsible for these obligations within the value of the inherited property. That is, if the inheritance is an apartment worth 1 million UAH, and the debts are 500 thousand UAH, the debts must be repaid from this amount.

After the inheritance is divided, each heir is liable in proportion to his share.

Therefore, the division of an inheritance is a complex legal process that requires knowledge of the law and legal support, in particular in:

• conducting negotiations and concluding an agreement between heirs;
• appeals against the actions of other heirs or a notary;
• protection of rights to a mandatory share; applying to court for the division of property;
• recognition of ownership of property through the court if the deadlines for accepting the inheritance have been missed.

The specialists of the law firm "Prikhodko and Partners" are ready to provide comprehensive assistance in inheritance cases of any complexity.

Contact us for a consultation - we will help protect your rights.