Testamentary refusal. What do you need to know?

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Testamentary refusal. What do you need to know?

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What is a testamentary refusal in the inheritance law of Ukraine? This issue often worries many Ukrainians who plan to receive an inheritance in the future, as it causes many misunderstandings in practice. This shows the relevance of consideration of this topic.

And therefore, in this informative article, we will talk about what should be considered a testamentary refusal in Ukraine, while taking into account the current provisions of the law.

What should be understood by a testamentary refusal?

From the analysis of the provisions of the Civil Code of Ukraine, we can conclude that a testamentary refusal (sometimes also called a legatee) should be understood as an order of the testator, according to which the heir is entrusted with the obligation to perform any action for the benefit of one or more persons (beneficiaries).

The mentioned persons, in whose favor certain actions are taken, can be both legal heirs and third parties.

Thus, only the heirs who accepted the inheritance must fulfill the testamentary refusal, which was drawn up in advance by the testator.

Importantly! The concepts of testamentary disposition and testamentary refusal should be distinguished, since the first definition is much broader in content and includes refusal, and the second is one of the types of testamentary dispositions and therefore has no legal force outside the framework of the will.

What is the subject of testamentary refusal?

The Civil Code of Ukraine in Art. 1238 states what is the subject of testamentary refusal, namely:

  • property or a thing that is not necessarily part of the inheritance can be transferred to the debtors;
  • a citizen who inherits any movable or immovable property after the death of the testator is obliged to grant the right to use such property to another person, even if there has been a change in their original owner (heir). In addition, such a right cannot be alienated or bequeathed to close relatives of the obligor. If the will does not contain an indication that the right of use received by the decedent enables him to live in real estate together with family members, then he does not have the right to live with them in such a building, apartment or other residential premises;
  • a citizen executes a testamentary refusal only within the limits of the real value of the inherited property inherited by him, while the testator's debts are satisfied by deducting the corresponding share from this property. With this rule of law, the legislator protects the legitimate property interests of the heir.

Thus, it can be said that the subject of a testamentary refusal is essentially the transfer of the appropriate obligations to the defendant, where the heir is the debtor, and the defendant is the creditor.

Is it possible not to fulfill obligations due to testamentary refusal?

A citizen may be exempted from the performance of his obligations under a testamentary refusal, if:

  • the obligee died before the opening of the inheritance;
  • if the citizen (heir) refused to receive the legatee;
  • the defaulter is considered an invalid heir and does not have the opportunity to exercise his right to inherit.

If you have any questions regarding testamentary refusal in the field of inheritance law of Ukraine, in this case, contact the Prikhodko and Partners law office.

The company's lawyers are always ready to provide you with the necessary professional consultations, which will clarify the answers that are of interest to our clients, as we have thorough knowledge in various areas of law.

The result upon application is guaranteed. So don't delay and come to us for a consultation!

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