Inheritance Laws in Ukraine
Inheritance laws in Ukraine are primarily governed by civil law as outlined in the Civil Code of Ukraine (particularly Parts 5 and 6), as well as by specific legislation on inheritance, such as the Law of Ukraine on Inheritance. The legal framework for inheritance in Ukraine includes provisions for both testate and intestate succession, as well as the administration of estates.
Here is an overview of the inheritance laws in Ukraine:
1. Legal Framework
The main legal provisions governing inheritance in Ukraine include:
- The Civil Code of Ukraine: Part 5 of the Civil Code addresses inheritance matters, outlining the procedures for both testate (with a will) and intestate (without a will) succession.
- The Law of Ukraine on Inheritance: This law provides detailed provisions on the inheritance of property, including the rules of succession, the rights of heirs, and the inheritance process.
- Family Code of Ukraine: This code also impacts inheritance, especially in terms of rights of spouses and children.
2. Testate Succession (With a Will)
If a person dies testate (with a valid will), their estate will be distributed according to the terms of the will.
2.1 Requirements for a Valid Will
To create a valid will in Ukraine:
- The testator must be 18 years or older and of sound mind.
- The will must be in writing and signed by the testator.
- The will must be signed by two witnesses, or it can be notarized by a notary public.
- There are several types of wills recognized in Ukraine, including:
- A notarial will, which is executed before a notary.
- A handwritten will, which is signed and dated by the testator.
- A will made in special circumstances (e.g., in emergency situations when the testator cannot consult a notary).
2.2 Executor of the Will
In the case of a valid will, the testator may designate an executor (also called a “testamentary trustee”), who is responsible for administering the estate and ensuring that the wishes in the will are followed. The executor is typically a trusted individual, and their role includes:
- Submitting the will for probate (if necessary).
- Paying off any debts of the deceased.
- Distributing assets as per the will.
3. Intestate Succession (Without a Will)
If a person dies intestate (without a will), the estate is distributed according to the rules of intestate succession outlined in the Civil Code of Ukraine.
3.1 Order of Succession
The estate is distributed to the deceased’s relatives based on a set order of priority:
- First Order (Children and Spouse): The surviving spouse and children inherit the estate equally. The spouse receives one-half of the estate, and the remaining half is divided equally among the children. If there are no children, the spouse inherits the entire estate.
- Second Order (Parents and Siblings): If the deceased has no surviving spouse or children, the estate is divided between the deceased’s parents and siblings. If both parents are alive, they each receive one-half of the estate. If only one parent is alive, they receive the full share.
- Third Order (Grandparents and Uncles/Aunts): If there are no surviving spouse, children, parents, or siblings, the estate passes to the grandparents or uncles/aunts.
- Fourth Order (Other Relatives): If no relatives are found in the above categories, the estate may go to more distant family members such as cousins, nieces, or nephews.
- The State: If no legal heirs can be found, the estate passes to the state.
3.2 Rights of Spouse and Children
- Spouse’s Rights: The surviving spouse has the right to inherit property, regardless of whether there is a will. However, if the deceased had children, the spouse will share the inheritance equally with the children.
- Children’s Rights: Children inherit equally from the estate. If the deceased had both minor and adult children, the inheritance is split equally among all children.
4. Estate Administration and Probate
The probate process in Ukraine is managed by the notary public who is authorized to handle succession matters.
4.1 Probate Process
- When someone dies, the heirs must apply to a notary to open the succession case.
- The notary public issues a certificate of inheritance, which legally recognizes the heirs and confirms their right to inherit the estate.
- The notary will assist with verifying the validity of the will (if applicable) and ensure that debts and taxes are paid from the estate before distribution.
- The process may also involve the sale or division of property, depending on the assets of the estate.
4.2 Estate Taxes
Ukraine does not currently impose inheritance taxes. However, the estate may be subject to property taxes, and in some cases, the transfer of real property may incur a registration fee.
5. Inheritance of Real Property
If the deceased owned real property (land, houses, or apartments), the transfer of ownership requires official registration with the State Register of Real Property Rights. The heirs must submit the necessary documents, such as the certificate of inheritance and proof of identity, to the registry to transfer ownership.
6. Renunciation of Inheritance
Heirs have the right to renounce their inheritance in Ukraine. If an heir renounces their inheritance, they forfeit any claim to the deceased’s property, and their share is transferred to other legal heirs.
- Renunciation must be made within 6 months after the death of the testator.
- The renunciation is irrevocable once made, and the person who renounces inheritance loses all rights to the estate.
7. Protection of Heirs
Under Ukrainian law, certain heirs have protected inheritance rights:
- Children (including adopted children) and spouses cannot be completely disinherited unless they have committed serious offenses such as murder or attempted murder against the testator.
- The protected share ensures that certain heirs, such as children, cannot be excluded from the inheritance altogether, regardless of the provisions of the will.
8. Inheritance of Debts
Heirs inherit the assets and liabilities of the deceased. The debts of the deceased must be settled before the distribution of the estate. If the debts exceed the assets, the estate is considered insolvent, and the heirs may not be liable for the excess debt beyond the value of the inherited estate.
9. Disputes Over Inheritance
Disputes can arise over the validity of a will, the distribution of assets, or the appointment of an executor. If disputes occur, they are typically resolved by the court in Ukraine. In cases where there is no will or if the will is contested, the court will apply the rules of intestate succession.
10. Inheritance Rights for Foreign Nationals
Foreign nationals may inherit property in Ukraine if they meet the legal requirements. However, non-Ukrainians are subject to restrictions on owning land in certain regions of Ukraine. Foreigners cannot inherit land in Ukraine if they are not residents of Ukraine unless they are acquiring property through inheritance from a close relative.
Conclusion
Inheritance laws in Ukraine are governed by a combination of statutory law (primarily the Civil Code of Ukraine), customary practices, and protected rights for certain heirs. Key elements of the inheritance process include:
- Testate succession (with a will) and intestate succession (without a will).
- Equal inheritance rights for children and surviving spouses.
- The notary system for managing estate administration and probate.
- No inheritance tax but possible property transfer taxes.
- Protection of certain heirs, such as children and spouses, from disinheritance.
- The ability for heirs to renounce inheritance within a specified period.
Ukraine's inheritance system seeks to balance the wishes of the deceased with the rights of close family members, ensuring that legal heirs are protected while also providing clarity in the distribution of the estate.
RELATED Blog
0 comments