Termination of inheritance contract

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Riabchuk Oksana

Specializes in family law and inheritance matters.

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Termination of inheritance contract

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Inherited property and the transfer of such property from one subject (individual) to another are part of the realization of the civil rights of a citizen - ownership, use, and disposal. This is an important aspect of a truly legal and civilized society.

However, in practice, there are often cases when individuals conclude an inheritance contract and due to life circumstances, they are forced to terminate the existence of the inheritance contract.

The reasons for the occurrence of such situations can be various aspects: legal shortcomings of the concluded contract, conflicts between the heirs, or the appearance of other circumstances that affect the property rights and obligations of the heirs.

In this article, we will consider what should be understood by the concept of an inheritance contract, in what form it is concluded and what are the grounds for its termination and termination.

What should be understood by the concept of inheritance contract?

The Civil Code of Ukraine contains the following definition of an inheritance contract - a contract under which one party (the acquirer) undertakes to carry out the instructions of the other party (the alienator ) and as a result receives ownership of the alienator's property after his death.

In other words, this contract becomes relevant when a citizen dies and leaves behind any property (for example, an apartment or a house, money, a car, a plot of land, etc.). And in this way, according to the contract, it will be possible to determine to whom this property will belong after the alienator's death.

Regarding the parties to this contract, it should be noted that, as a general rule, the acquirer can be a legal entity or a natural person who concluded an inheritance contract with the decedent. And the sensor is only a natural person.

The form of such an agreement must be in writing with notarization.

What are the grounds for terminating and terminating the inheritance contract?

Analyzing the provisions of the Civil Code of Ukraine, it can be said that the inheritance contract is terminated when the acquirer dies. In such a case, the heirs of the acquirer have the right to demand from the expropriator compensation for property and non-property expenses that they may incur in the execution of this contract.

It should be noted that even if the acquirer died, he had the obligation to perform certain actions after the death of the alienator, then in this case it passes to the heirs of the acquirer.

Regarding the termination of such an agreement, the following should be noted. Only the court can terminate the inheritance contract unilaterally. This is possible when the acquirer intentionally does not fulfill his duties (at the initiative of the alienator ). Or when the acquirer does not have a real opportunity to fulfill the instructions of the alienator under the contract (at the initiative of the acquirer).

Other persons, for example, the heirs of the alienator, do not have the right to make claims regarding the termination of the inheritance contract.

Are you planning to enter into an inheritance contract and you need advice on all legal aspects of solving such an issue? In this case, contact the Prykhodko and Partners law office.

We are experienced specialists in Ukrainian codes, and therefore we will provide you with detailed ones answers to all your questions about the conclusion of this type of contract. So don't delay and come for a qualified consultation!

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Specializes in family law and inheritance matters.

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