Division of inheritance

Inherited property has always been a subject of dispute between future heirs, as each person may believe that he is entitled to more than the law provides.

This is primarily due to the fact that each citizen in his family took care of the testator in a different way, which leads to an uneven contribution of individuals in the future formation of inherited property.

Moreover, in practice, everything can end not only in ordinary quarrels but also in court proceedings.

And that is why the relevance of this topic has always existed in Ukrainian society. In this article, we will consider how to divide inherited property in accordance with the regulatory legal acts of Ukraine.

What can be the size of the shares of each heir during the division of the inherited property?

The CCU notes that in cases of acceptance of inheritance by law, the shares of each heir are equal to each other.

However, if the inheritance contains only movable property, then the heirs can determine in oral format what share of such inherited property belongs to each of them.

In cases where the inheritance is accepted according to the will, the shares are also equal (applies to those situations when the testator did not independently determine the shares between the heirs).

How can inheritance be divided?

There are 2 legislative mechanisms by which it is possible to divide the inheritance after the death of the testator - these are voluntary (conclusion of a contract) and compulsory (judicial) procedures.

During the voluntary procedure, the heirs independently reach an agreement on the division of the inheritance among themselves, and in this case, they can enter into an agreement, the subject of which will be all the inherited property that was available to the testator at the time of his death.

Such an agreement must be in written form and must be notarized.

The second variant of the development of events - compulsory (judicial) procedure, occurs when the heirs cannot voluntarily agree on the ownership of each of them in the corresponding share in the inherited property.

As a result, in order to resolve this situation, they turn to the judicial authorities, where the latter in accordance with all the circumstances of the case and the evidence will make a decision on determining the share of each heir.

What is redistribution of inherited property?

In cases where the deadline for accepting the inheritance has already passed and after the distribution of individual shares of such property among the heirs, the inheritance was still accepted by other heirs, then in this case it is subject to redistribution between them.

Such citizens have the right to receive monetary compensation for the property left in the inheritance or to request that such property be transferred to them in kind.

If you want to carry out the distribution of inherited property between the heirs, then in this case you definitely need the help of experienced lawyers - the Prikhodko and Partners law firm.

Our lawyers have high-quality knowledge of civil legislation, which allows them to help you at all stages of the distribution of such property.

In addition, the lawyers of our firm will always find the best ways to solve your particular situation, taking into account all the circumstances of the case. So don't delay and come for a consultation!