Rejection of inheritance by will

The right to inheritance is one of the key components of civil law, which guarantees the transfer of property after the death of a person.

In most cases, inheritance occurs under a will - a document that reflects the will of the testator regarding the disposal of his property after death.

However, there are situations when the heir under the will does not accept the inheritance. Such a step has specific legal consequences that you should be aware of in advance.

What is acceptance of inheritance?

According to the Civil Code of Ukraine, the heir must accept the inheritance within six months from the moment of opening the inheritance, that is, from the day of the testator's death.

Acceptance of the inheritance can be:

• actual — when a person begins to use the property, maintains it, and pays the debts of the testator;
• formal — by submitting an application to a notary to accept the inheritance.

If such actions are not taken, it is considered that the person has renounced the inheritance or has not accepted it, which entails certain legal consequences.

Denial of inheritance: what does it mean?

Non-acceptance of an inheritance is a situation where the heir has not submitted an application for acceptance of the inheritance and has not taken actions indicating its acceptance within the established period. Legally, this is equivalent to renunciation of the inheritance.

It is worth noting that in Ukrainian law, refusal to accept an inheritance is not an automatic refusal, but the result of missing the deadline for accepting it. Such a person loses the right to inherit, and the property passes to other heirs.

Legal consequences of refusing inheritance

Transfer of inheritance to other persons

If an heir under a will does not accept the inheritance, his share passes to the other heirs under the will, if this is provided for by the terms of the document.

If the will does not specify another heir, the property passes to:

• to other heirs under the will (proportionately);
• or, in the event of their absence or refusal, to the heirs at law.

Increase in the shares of other heirs

If one of the heirs has not accepted the inheritance, his share may be distributed among the other heirs who have accepted the inheritance, in proportion to their shares, unless this contradicts the testator's will expressed in the will.

Loss of property rights

A person who has not filed an application for acceptance of the inheritance or has not taken steps to actually accept it on time loses the right to ownership of the property transferred to him. This means that even in the event of a subsequent appeal to the court, it will be difficult to restore the right without good reasons.

Is it possible to renew the deadline for accepting an inheritance?

Yes, the Civil Code of Ukraine allows for the renewal of the term for accepting an inheritance in court.

To do this, it is necessary to prove that the term was missed for good reasons - for example:

• long-term treatment,
• staying abroad without access to information,
• legal ignorance (for some categories of persons),
• other objective circumstances.

If the court grants the relevant application, the person may be recognized as having accepted the inheritance.

Consequences of refusing to accept an inheritance for the testator's debtors

It is important to know that in the event of not accepting the inheritance, the person is not liable for the debts of the testator. This is logical, because debts, like assets, are part of the inheritance. If the inheritance is not accepted, the debts also do not pass.

However, other heirs who have accepted the inheritance may be obligated to repay debts within the value of the inherited property.

How to avoid problems associated with refusing inheritance

To avoid negative consequences associated with refusing an inheritance, you should act in a timely and prudent manner.

Here are some practical tips:

• Don't put off resolving inheritance issues — after the death of the testator, you have a limited time (6 months) to declare your rights;
• Contact a notary for advice, even if you are hesitant about accepting the inheritance. This will help you avoid mistakes and loss of rights;
• Carefully study the contents of the will— it may indicate an alternative heir or special conditions that may affect the distribution of property;
• Do not use inherited property without official registration, as such actions may create legal uncertainty or conflicts with other heirs;
• In case of doubts or complex situations, contact a professional lawyer. Professional help significantly increases the chances of a successful resolution of an inheritance case.

Failure to accept an inheritance under a will can have serious legal consequences, including loss of property rights, change in the composition of heirs, and litigation. To avoid such situations, it is important to contact a notary in a timely manner, understand your rights and obligations, and in case of difficulties, seek professional legal assistance.

The specialists of the law firm "Prikhodko and Partners" have significant experience in inheritance matters and are ready to provide advice, protect your interests, and accompany the process of registering the inheritance at all stages.