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Refusal of inheritance in favor of another person

Have you been left with property obligations, large debts, and loans, or you do not have the time and desire to deal with the official registration of the inheritance after the death of the testator?

In this case, the issue of giving up inheritance in favor of another person becomes more relevant than ever for you.

And that is why in this article we will talk about how today it is possible to refuse inheritance in favor of another person both by law and by will.

In what cases is it better to refuse to accept inheritance?

  • If the testator left debts that significantly exceed the real value of all inherited property;
  • If the inheritance is accepted by persons of the first and second degrees of kinship when they are not citizens of Ukraine. This is because they will have to pay excessive taxes for the inheritance received after the death of the testator, which is not always a profitable proposition for them;
  • If a citizen wants another person to accept the inheritance;
  • If you do not fulfill the obligations imposed on you by the testator in case of acceptance of the inheritance. For example, granting the right to use real estate or residential premises to other heirs, etc.

Is it possible to refuse the inheritance in favor of another person?

The current legislation of Ukraine distinguishes 2 possible types of refusal of inheritance:

  • address – the citizen must indicate in favor of which person he refuses to accept the inheritance;
  • unaddressed – a citizen submits an application to the notary about the refusal to accept the inheritance, without specifying the specific persons in favor of whom he refuses, and his share is distributed equally among all the heirs.

At the same time, it is not important whether you inherit property by law or by will, because you have the right to refuse to accept the inheritance in favor of another person in both cases (if other heirs exist, of course).

If the legal heirs wish to renounce the inheritance in favor of another person, they can exercise their right only in favor of another legal heir, while his turn is not taken into account.

It is also worth noting that a refusal in favor of another person means that your share in the inheritance is fully transferred to the specified citizen.

Importantly! If the sole heir by will refuses to accept the inheritance, then the right to accept the inheritance passes to the heirs by law.

What will happen to the inheritance if it is refused and there are no other heirs?

Such an inheritance will be recognized in our deceased, and if it contains any movable or immovable property, it will pass into the communal ownership of the territorial community at the location of such property.

If you want to refuse the inheritance in favor of another person, then in such a situation you cannot do without legal advice from the Prikhodko and Partners law office.

Our specialists are always ready to provide qualified assistance to clients when applying because they have practical knowledge and many years of experience in the application of inheritance legislation in Ukraine. So don’t delay and contact our company!

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Family law lawyer. She specializes in divorce and inheritance cases.

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