Understanding how inheritance works and the legal order of heirs is crucial, as there are circumstances under which a person may lose their right to inherit property.
Inheritance refers to the transfer of property, rights, or obligations from a deceased person to their heirs. This process is regulated by the Civil Code of Ukraine.
There are two main types of inheritance:
By will: when a person (the testator) specifies their heirs, who can be family members, third parties, or organizations.
By law: if no will is made, the inheritance is distributed among the deceased's relatives in a specific order.
Although people often associate inheritance with property and money, it can also include the debts and obligations of the deceased.
In cases where there is no will, inheritance is governed by law. Relatives inherit in the following order:
First order: children, parents, spouse.
Second order: brothers and sisters, grandparents.
Third order: aunts and uncles.
Fourth order: individuals who lived with the deceased as family for more than five years.
Fifth order: distant relatives up to the sixth degree of kinship, as well as dependents of the deceased.
Additionally, disabled parents or children have a mandatory share in the inheritance, even if they are not included in the will.
According to Article 1224 of the Civil Code, certain individuals may be excluded from inheritance:
Spouses whose marriage has been dissolved.
Relatives who did not provide financial support to the deceased.
Individuals who interfered with the creation of the will.
Heirs who neglected to care for the deceased when it was necessary.
Individuals who intentionally attempted to harm or kill the deceased or other heirs.
Parents who have been deprived of parental rights.
These conditions remain valid in 2025. If evidence is presented, a court may rule to exclude such individuals from inheritance. However, these cases can be complex, as the deceased cannot provide testimony. Evidence may include prior complaints or official reports, such as police filings or hospital records.
In summary, inheritance law in Ukraine provides clear guidelines regarding who can inherit, both with and without a will, and establishes the grounds on which a person may be deprived of their right to inherit.
Understanding these rules can help prevent legal disputes and ensure a smooth transition of assets after a person's death.