HEREDITARY TRANSMISSION. TRANSFER OF THE RIGHT TO INHERIT

Hereditary transmission is the transfer of the right to inherit, which a person receives from a deceased heir, if he did not have time to exercise his right to inherit. In this case, this right passes to his heirs. The heir, whose right is acquired by other persons in the order of inheritance, is called the transmitter, and these persons are the transmitters.

How the legislation regulates this issue

The transfer of inheritance rights is regulated in accordance with Article 1276 of the Civil Code of Ukraine. If the heir died after the inheritance was opened (regardless of whether the inheritance is according to the law or according to the will), the rights to his share are already received by his heirs. However, this applies to all situations, except those related to the acceptance of a mandatory share in the inheritance.

What is the difference between hereditary transmission and the right of representation

Unlike transmission, which applies to intestate and intestate successions, the right of representation applies only to intestate successions. This refers to the inclusion in the 1st, 2nd or 3rd tier of heirs of the 4th tier, who take the place of the heir who died before the opening of the inheritance.

What are the peculiarities of accepting an inheritance by hereditary transmission

It is worth noting the following important aspects:

• acceptance of the inheritance may take place in a period that has not expired at the time of the testator's death;
• with regard to the rest of the inherited property, this is a period of 6 months from such moment;
• if the deadline for accepting the inheritance in this order was missed, but the deadline for the rest of the inheritance was not missed, then the share that is subject to transmission must go to the shares of the heirs of the testator who died first, or be transferred to the territorial community;
• the creditors of the testator who died first can make their own claims on such a share.

An interesting situation in the legal sense occurs when both the first and the last deceased testator have creditors who apply for their share. Then first the requirements of the first testator are satisfied, and only then - the second.

What changed with martial law

In February of this year, after the declaration of martial law, the Cabinet of Ministers adopted a resolution "Some notary issues under martial law", where changes were made to the regulation of the terms of accepting or rejecting inheritance. Such terms are suspended, however, for no more than 4 months.

How can the help of a professional lawyer be useful

In order to protect yourself from unnecessary hassles, bureaucracy, lengthy study of legislative issues or the risk of missing the required deadlines, you should contact a specialist. Professional help will give an opportunity:

• get quality advice;
• to make life easier due to competent legal support of the case;
• be sure that you have not overlooked important legal issues.

So apply! Professional legal support from the specialists of "Prykhodko & Partners" will provide many advantages and save a lot of time.