Lack of a will: how to inherit property

When a person dies without leaving a will, the procedure for receiving an inheritance is determined exclusively by the norms of the Civil Code of Ukraine. The law establishes a system of precedence according to which property passes to relatives depending on the degree of their relationship. Lawyers of “DE-JURE” help heirs to understand all the nuances of the legislation and correctly formalize their rights.

When a person does not leave a will, the issue of distributing his property can become difficult. In such a situation, it is not the personal wishes of the deceased that come into force, but clear norms of the law that determine who exactly has the right to inherit and in what sequence. In this article, we analyze the key nuances of receiving inherited property without a will, explain how the inheritance queues work and what is important to consider in order to avoid conflicts and delays in the procedure.

How is property divided without a will

When a person dies without leaving a will, the order of inheritance is determined exclusively by the norms of the Civil Code of Ukraine. The law establishes a system of precedence according to which property passes to relatives depending on the degree of their kinship. It is important to understand that each subsequent line receives the right to inherit only when there are no heirs to the previous one or they have refused their share. So, the lines of inheritance are as follows:

• first line. The right to inherit is held by the children of the deceased, his or her husband or wife and parents;
• second line. Siblings, grandparents;
• third line. This includes aunts and uncles;
• fourth line. This includes persons who lived with the deceased in the same family for at least five years before the day of his or her death;
• fifth line. This includes other relatives of the deceased up to the sixth degree of kinship.

To accept an inheritance, most heirs must apply to a notary within six months. However, for those who lived with the testator at the time of death, as well as for minors, incapacitated or partially incapacitated persons, an application is not required – their right to inheritance arises automatically.

Who gets housing if there is no will

If there is no will, residential real estate passes to the heirs of the line that has the right to inherit at the time of opening the inheritance. The law establishes that all heirs of one line receive property in equal shares. However, they can agree on a different distribution: change the size of the shares or transfer the housing to one of them by mutual consent. For movable property, such an agreement can be oral, but when it comes to real estate, it is imperative to conclude a written agreement and have it notarized. After the inheritance procedure is completed, the heirs must issue a certificate of the right to inheritance with a notary.

Is there a right to inheritance if you were not included in the will

Even when a person leaves a will, this does not mean that all other relatives automatically lose any rights to the property. Ukrainian legislation provides a list of persons who under any circumstances have the right to a mandatory share in the inheritance, even if their name is not indicated in the document. This is a protective mechanism that operates for the most socially vulnerable family members. Such heirs include the following categories of citizens:

• minor and minor children;
• adult but disabled children of the testator;
• disabled parents;
• disabled spouse of the deceased.

All of these persons cannot be deprived of their inheritance, even if there is a will that distributes property in favor of other people. The size of their mandatory share is determined according to a clear algorithm. First, they calculate what share they would have received if the inheritance had occurred according to the law and there had been no will. Then this share is divided in half – the result obtained is the minimum share that they have the right to inherit.

For example, if the testator had a wife, a minor child, and a brother, but in the will he transferred all the property to his wife, the situation will be as follows: the brother will inherit nothing, since he is not among the persons entitled to a mandatory share. On the other hand, the child, although not mentioned in the will, will still receive 25% of the inheritance, because without the will, her share, together with the mother’s share, would be 50%. The remaining 75% will go to the wife, who is mentioned in the will.

How lawyers at DE-JURE help with inheritance cases

Inheritance issues are often more complicated than they seem at first glance. Incorrectly submitted documents, missed deadlines, disputes between relatives or ambiguous content of the will can significantly complicate the procedure. That is why legal support plays an important role in ensuring that the inheritance takes place quickly, legally and without unnecessary conflicts.

Lawyers at DE-JURE help heirs understand all the nuances of the law and correctly formalize their rights. Services include:

• consultation on the stages of inheritance and the rights of individuals to a mandatory share;
• analysis of the will and explanation of its legal consequences;
• preparation and submission of an application for acceptance of the inheritance or its renunciation;
• support in the registration of inheritance rights at a notary;
• assistance in the distribution of property between heirs and the preparation of relevant agreements;
• representation in court in inheritance disputes, declaring a will invalid or renewing deadlines;
• support in matters of registration of real estate, land plots and corporate rights as part of the inheritance.

Turning to professionals allows you to avoid mistakes, save time and confidently go through all stages of the inheritance procedure.