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Inheritance law in Ukraine is regulated by the Civil Code. Everyone faces inheritance. In this situation, you should take into account the fact that when you receive an inheritance, you receive not only material benefits in the form of property rights, but also material obligations (debts).
In addition, in the process of inheritance, there may be many controversial moments and ambiguous situations with relatives. Therefore, if you have a problem or have any doubts about correctness of the inheritance process, the best solution would be to apply to the Attorney for inheritance cases.
One of the most common questions in this formal process is the question of how to inherit, in other words, how correctly accept it?
The first step in this procedure is to open the inheritance. This fact is considered to occurred on the day of death or was declared dead.
At the second stage, the circle of persons who have the right to accept the inheritance is determined. This circle depends on whether the inheritance will be performed according to the will or according to the law.
In a will, a person may bequeathing his property to any person, relative or other person, and also to deprive someone of hereditary rights.
The decedent is forbidden to deprive hereditary rights from persons who have the right to a mandatory part, for example: minors, juveniles, disabled children, wife and husband and parents. In this situation, these individuals will be able to receive only 1/2 of the inheritance they could receive.
Inheritance by law is a labor-intensive process that requires care and takes place according to the “turn”, and the next turn comes in the absence of heirs of the previous one.
The third stage is acceptance of the inheritance. At this stage, the heirs are determined with their right: to inherit or refuse. This right exists within the six-month period prescribed by law. To confirm the chosen right, you must apply to the notary. Those heirs who have lived with the deceased, and also, juveniles, minors, incompetent persons whose civil capacity is limited, are considered to be persons that have accepted the inheritance automatically. In the absence of the desire of such heirs to accept the inheritance, they may refuse it by filing it to the notary’s office proper application of refusal, within six months.
In cases when the statutory period is missed, the heir may revive it, firstly, by filing a claim to the court, if the reason for the missed deadline is valid; secondly, to receive written consent from other heirs and after that, will apply to the notary with a statement of acceptance.
Registration of the inheritance consists in obtaining a certificate that establishes your inheritance. This certificate is issued by a notary only after expiration of the 6-month period mentioned above. Application to a notary for such a certificate is mandatory in the case of obtaining real estate, then a state registration of ownership of the property inherited by you is carried out. If there are several heirs, the certificate is issued to each of them, indicating their names and the size of the inheritance.
The inherited process does not seem complicated, but it contains many legal nuances that are better to follow in order to prevent future problems. A competent attorney in hereditary cases will be able to advise you on how correctly draft a will (ordinary, will of spouses, and will with conditions), agreement about changing the order of inheritance, agreement about change of parts of the inheritance, inheritance agreement, etc.
Also, an attorney in hereditary cases will help you to inherit, to restore the missed deadlines, properly fill the documents on the inheritance, to appeal the will, if necessary, and also to solve many other issues that may arise in this process.