ORDER OF ACCEPTANCE OF INHERITANCE

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Sulyk Roman

Head of family law practice

Expert in the field of family, civil, labor law, intellectual property law.

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ORDER OF ACCEPTANCE OF INHERITANCE

Reading time: 3 min.

Surely everyone has heard the saying that relatives live peacefully until they have to share the inheritance. And this, without exaggeration, is the truth. Because of the property that remains after the death of a loved one, the closest relatives become the worst enemies. After all, not in all cases the testator left an order in case of death, that is, a will. And in his absence, the heirs accept the inheritance in accordance with the law and their turn.

For example, a brother or sister of the deceased will not inherit if the deceased has a wife (husband) and children. Even if the spouses have not lived together for many years, but the marriage has not been officially dissolved, the wife (husband) is still entitled to the inheritance in the first place.

But about everything in sequence. The Civil Code of Ukraine, in force since 2004, defines five lines of heirs. Only if there is no previous queue can the next one inherit.

  • First stage

After the death of a person, children, if any, the other spouse and parents have the primary right to inherit. At first glance, everything is clear, but in practice there are cases when the death of a person occurs during the wife's pregnancy, in which case the unborn child will also have the right to inherit. In relation to children, the circle of heirs includes all the children of the deceased. For example, the testator had three official marriages, and two children born out of wedlock, but he is recorded as the father, then all five children will be eligible to inherit.

  • Second stage

If there are no heirs of the first stage, the right to inherit may arise from the siblings of the testator and grandparents. For this circle of people to inherit, it is very important to confirm their family relationship, because without this it is impossible to enter by inheritance. If we analyze the practice, then many citizens cannot prove family ties due to errors in documents, name changes, etc.

  • Third stage

If there are no immediate relatives belonging to the first two stages, the right to inherit arises from the natural aunts and uncles of the testator. As in the previous case, supporting documents are needed that they are blood relatives of the testator.

  • Fourth stage

This queue includes persons, although they are not blood relatives with the testator, but lived with him for at least 5 years before the day of death, were connected by a common life, led a common household, etc.

Confirmation of a person's belonging to the fourth line of heirs is a court decision to establish the fact of cohabitation.

  • Fifth stage

The rest of the faces. This concept refers to other distant relatives of the testator, such as cousins, sisters, aunt, uncle, etc.

But what is important is that their family relations must also be confirmed by documents, and they can inherit only in the absence of the four previous stages.

So, as follows from the above in accepting an inheritance, it is very important to find out which line the heir belongs to. Inheritance disputes are quite common among citizens. And all because not everyone turned to specialists in time and performed all the necessary actions determined by law.

Therefore, in order not to miss your right to inheritance, do not neglect the legal assistance of specialists.

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Head of family law practice

Expert in the field of family, civil, labor law, intellectual property law.

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