MANDATORY SHARE IN HERITAGE

In Ukrainian legislation, the fundamental rule is the freedom of will — the personal right of a citizen to dispose of their own assets upon death at their discretion.

However, the state introduces certain social limits to support the most vulnerable categories of relatives. This protection mechanism is called the obligatory share.

The law firm "Prikhodko and Partners" has prepared an up-to-date analysis of the norms regulating the right to inheritance contrary to the testator's will.

The Essence of the Obligatory Share: When the Law Trumps the Will

The obligatory share is the minimum property guaranteed by law that specific heirs receive, even if they are not mentioned in the will or if the testator explicitly attempted to deprive them of the right to inheritance.

Key nuance: The issue of the obligatory share is only actualized if a will exists. If the deceased did not leave any instructions, the property is inherited according to the law in order of priority.

According to Article 1241 of the Civil Code of Ukraine, any clauses in a will that ignore the rights of "privileged" heirs are considered void in the part that concerns their legal share.

Who Does the Law Consider Obligatory Heirs?

As of 2026, the list of persons who have the right to such support is exhaustive:

1. The testator's children, who have not reached the age of 18 (minors and juveniles).
2. Adult children recognized as incapacitated (having a disability of groups I–III).
3. Incapacitated spouse (widower or widow who has reached the general retirement age or has a disability).
4. Incapacitated parents of the deceased.

Legal Interpretation of Incapacity

It is important to distinguish between early and general retirement. In the context of inheritance law, only those who have reached the generally established retirement age or have medical confirmation of a disability are considered incapacitated.

For example, former military personnel or educators who receive a service length pension but have not reached the general retirement age do not have an automatic right to the obligatory share.

Calculation Algorithm and Scope of Rights

The size of the obligatory share is 50% (half) of the property share that the person would have received if there had been no will at all.

When calculating, the notary takes into account:

1. All potential first-priority heirs by law.
2. The value of all property (including household items and intangible rights).
3. Property that has already been transferred to the heir under other clauses of the will.

Is it Possible to Appeal or Reduce This Share?

Although the right to the obligatory share is unconditional, the law leaves room for fairness.

The size of the share may be reduced exclusively through a court decision if:

• The heir and the deceased had a long-standing conflictual relationship.
• The heir did not communicate with the relative for years and did not provide them with necessary assistance.
• Other significant circumstances exist (for example, the heir's high level of wealth compared to the difficult situation of other participants in the process).

In exceptional cases, a person may be entirely removed from the right to the obligatory share by a court decision.

Why Is a Lawyer's Support Critical?

Formalizing an inheritance in the presence of "obligatory" claimants is always a zone of risk and potential conflict.

The company's lawyers of "Prikhodko and Partners" provide full process support:

• Mathematical Accuracy: We will calculate the real value of your share.
• Evidence Base: We will prepare documents to confirm the status of incapacity.
• Court Defense: We will effectively represent your interests in disputes regarding the reduction or cancellation of shares.
• Notary Support: Control over compliance with the 6-month period and the correctness of certificate issuance.

Do not let legal subtleties deprive you of what is due by law. LF "Prikhodko and Partners" is your reliable guide in inheritance matters.