ELIMINATION OF HEIRS FROM THE RIGHT TO INHERITANCE

Elimination of heirs from the right to inheritance is a hot topic in the field of civil law and inheritance law. This question may arise in various situations, for example, when there is doubt about the legitimacy of the heirs' right to inherit property or if they have committed certain actions that exclude their right to inheritance. Since inheritance law is a complex and multifaceted branch of law, the removal of heirs from the right to inheritance property may require a deep understanding of the law and judicial practice.

In addition, such situations may require the participation of the court in resolving disputes regarding inheritance and the right to inherited property. In this article, we will consider: who is removed from the right to an inheritance, who cannot be deprived of an inheritance when the right to an inheritance that is not part of the inheritance is lost.

Who is excluded from inheritance rights?

The Civil Code provides for the situations in which persons cannot be heirs:

• first of all, this applies to those who tried to take the life of the testator or tried to encroach on his life. Such persons are not entitled to inherit property. However, there is an exception to this rule, if the testator knew about these circumstances and appointed such a person as his heir anyway, then he may be entitled to the inheritance.
• if the persons deliberately prevented the testator from making a will or wanted to change it in their favor or in favor of other persons;
• if at the time of the opening of the inheritance, the parents deprived of parental rights did not renew them, then they also do not have the right to inherit property;
• a court decision may provide that persons who are obliged to support the testator and did not properly fulfill it, do not have the right to inheritance;
• if the marriage between the heirs is invalid or recognized as such by a court decision, then such persons do not have the right to inherit. However, if the marriage is declared invalid after the death of one of the spouses, then for the other of the spouses who did not know about it before the registration of the marriage, the court may recognize the right to inheritance in the property acquired by them during the marriage.

These provisions apply to all heirs, without exception.

Who cannot be disinherited?

Persons having an obligatory share in the inheritance cannot be deprived of inheritance. Such a list of persons includes: minors, minors, adult disabled children of the testator, disabled widow (widower) and disabled parents inherit property, regardless of what is provided for by the will, namely, half of the share that would belong to each of them in the event of inheritance by law .

When is the right to inheritance lost?

The heir has 10 months (usually 6 months during martial law) from the date of opening of the inheritance to apply to a notary with an application for acceptance of the inheritance. If he did not apply to the notary during this period, he will be refused the issuance of a certificate of the right to inheritance. However, the court may grant an additional period for accepting the inheritance if the reasons for missing it were valid, that is, related to objective, insurmountable, significant difficulties for the heir to file an application.

What is not included in inheritance?

The Civil Code provides that inheritance does not include:

• rights related to the personality of a person (the right to life, health care, privacy of correspondence, freedom and personal integrity);
• rights that provide an opportunity to join a society or association of citizens;
• rights related to compensation for harm caused to the health of a person, as well as rights to social assistance, alimony, pension and other payments provided by law.
• the rights and obligations of a person as a creditor or debtor, provided for in Article 608 of the Civil Code of Ukraine.

If you need legal assistance or advice on the removal of heirs with inheritance rights from the right to inherited property, contact the law office "Prikhodko and Partners". This is a professional team of lawyers with many years of experience in various areas of law. They will provide you with qualified legal assistance, as well as prepare all the necessary documents in the field of inheritance law for applying to the judiciary. Therefore, do not hesitate and contact trusted specialists!