Registration of inheritance

 YOUR GOAL

If You need:

• to come into an inheritance;
• to legalize the inherited real estate;
• to prove Your right for inheritance;
• to prolong date of receipting of inheritance;
• to prove the cohabitation fact;
• to draw up and issue a will;
• to challenge the existing will or to nullify it;
• to establish certain legal facts that are necessary for acceptance of an inheritance;
• to restore the certain lost document concerning an inheritance etc..

In that case, you need services of the lawyer in questions of REGISTRATION of an INHERITANCE.

 OUR OFFER

The LAW FIRM "EUROVECTOR" offers services in registration of the will, receiving inheritance, the solution of hereditary disputes in a judicial and pre-judicial order. We are ready to investigate the most difficult and confused situations, when there are no documents, the term on the introduction in inheritance is passed, when notaries demand unnecessary documents, when it is necessary to prove your right for inheritance or to nullify the will etc. We will help to understand all the nuances of registration of an inheritance and to collect necessary documents and we will represent your interests in courts and other organizations, in case of need.

Addressing to our company, you receive:

• Quality legal consultation;
• Full informing and legal analysis of documents;
• Maintenance of your case of inheritance at the notary, the government and judicial authorities and other organizations;
• Preparation of evidential base, and also development of procedural and other documents for a positive solution of Your hereditary question;
• Registration of the necessary property rights for the inherited objects of real estate and many other things.
• Representation of interests in courts concerning registration of: inheritances, property rights, establishments of the facts and others;

Call us right now and learn free of charge all information about the registration of an inheritance, which interests You.

 MORE INFORMATION

Inheritance acceptance

Registration of inheritance is a very topical question, which excites many;after all, it is a difficult and ticklish procedure, which demands careful legal analysis and specific knowledge. There are many contradictions and reefs in this sphere of right and if you miss them, it is possible to reduce considerably the part in the inherited property or at all to remain without inheritance.    

If you plan to issue the will or to enter into an inheritance, but you don't know in what term and to whom it is worth addressing, what documents need to be filed, how to share the property into all applicants or how to resume the passed out term on acceptance of inheritance, then this article is for you. In this article, you will learn in detail about all nuances and subtleties of inheritance and you will be able to understand with ease, such confused and delicate procedure as acceptance of inheritance.

For a start, let us deal with concept of inheritance and its structure. In essence, the inheritance is the transition of various rights and duties from the dead person to other persons – his successors. Here it is worth to point, that it is possible to inherit not only the property and rights of the testator, but also his debts and duties, that is also very important.

According to art. 1222 of CCU – successors can be those natural persons, which are live for the period of discovery of inheritance, including even the kids conceived during lifetime of the testator and who were born live after the discovery of inheritance. What about legal entities, they have the right to be successors too, but only according to the will and according to the law, only natural persons have the right to be successors - such opportunity is not provided by legislation for the enterprises.

It is also worth to know that the Ukrainian regulations establish not only the right for acceptances of inheritance, but also possibility of refusal of it. To come into an inheritance (that is to issue acceptance of inheritance) or to refuse it, this is a personal, lawful and voluntary affair of each successor.

Types of the inherited property

According to the current legislation, the inheritance includes all those rights and duties that belong to the testator at that time, when the inheritance opens (things, houses, apartments, debts, credits, cars, securities, etc.), except for only those duties and rights that stopped owing to his death.

In other words, such rights and duties that are inseparably linked with the identity of the testator are not a part of its inheritance. Some of them: personal non-property rights; rights for indemnification, which was caused by damage of health or a mutilation; rights for grants, pension, alimony, etc.; rights for membership in various associations of citizens or participation in societies; also some obligations that stop with death of the creditor-testator, in case they are inseparably linked with his personality.

As it was already noted, it is possible to inherit the rights and duties of died person, that is not only his assets, but also other rights and even the testator's duties (for example, his debts). Thus, the testator's debts are inherited jointly and severally by all successors depending on the size of the inheritance and only within the cost of the property, which passed to them.

Besides, the successor has no right to accept only a part of inheritance, and to refuse other its part, he is obliged to accept the determined share completely or to refuse it at all. In other words, it is impossible to accept the apartment in inheritance, and to refuse the credit debt. The inheritance has to be accepted as a unit, without any conditions or reservations.

It is possible to inherit both movable, and real estate, and for the registration of a personal estate, it is necessary to receive the certificate of inheritance, then to register such property in registration service.

What is the personal and real estate? Actually, everything is banal and simple: people, as a rule, value a personal estate more, because such property can consist of various land plots and objects that are located on the land plot, which movement is unreal without change of their appointment and without their depreciation (sites, houses, dachas, apartments, commercial buildings, garages etc.).

Personal estate are things, which can be freely moved in space. It may be anything, beginning from personal things and finishing with household appliances and so forth.

To come into inheritance according to the will or to the law.

It is possible to come into inheritance by two methods:

1 The first – according to the will;

2 The second – according to the law.

According to the law, acceptance of inheritance is applied only when there is no will, or when the will is already nullified, or if successors according to the will do not accept or refuse the inheritance and when the will does not capture all inheritance of the testator.

Now it is time to investigate in more detail each type of inheritance.

Registration of inheritance according to the will.

Drawing up the will is a delicate and scrupulous process and, to tell the truth, for many not a pleasant subject for discussion, as it subconsciously connects people with negative thoughts of possible death. But is not necessary to treat it like that, after all, the will is a legislatively provided opportunity to think in advance about its relatives and family.

The will is a personal order of the testator in the case of his death, which represents its will and names to whom and in what parts pass the testator's assets.

It is worth to note, that the will can be made not only on the family, but also on those persons that are not relatives of the dead, it can be even a legal entity, if the will of the testator was such, but only in that case, when the testator issued the corresponding will.

It is obligatory to form the will in writing and to subscribe personally by the testator. It can be made concerning all inheritance or only its separate part. Besides, the will can capture both the rights and duties, that the testator possesses at the time of drawing up such will, and the rights and duties, that will perhaps belong to him in the long term.

As a rule, the will is made out at the notary, but in some cases, it can be issued in a hospital, having assured with the signature of the head physician (when, for example, the testator is in hospital and there is no opportunity to address to a notary), also during swimming on a river or sea vessel – in this case the will can be certified by the captain of this vessel etc. Except listed, there is an opportunity to certify the will at the official of local government, but it is possible only when there is no notary in the corresponding settlement, and only if the will does not belong to the confidential. In the general order, any will is confidential and the strangers, notary, witnesses and other people that possess information concerning certain will, have no right for disclosure of data known.

The confidential will is such order of the testator at which none, except the testator, knows the will essence, as the notary without acquaintance with its contents certifies it. For this purpose, the person, that made the confidential will, transfers to the notary the will already in the sealed envelope, and on the envelope, the testator has to put his signature. Further, on this envelope the notary puts his certifying inscription then seals it and in the presence of the testator places the confidential will in other envelope and then seals it up.

The testator has the opportunity to appoint one or even several persons to be his successor, besides he can deprive him the right of inheritance and even without explanation. However, it is very important to note, that the legislation established a certain category of persons, which will have the right for inheritance anyway. It is the so-called obligatory part (share) in inheritance:

• disabled parents of the testator;
• minors and juvenile children;
• disabled widower or widow;
• adults, but disabled children.

These categories of persons irrespective of contents of the will, inherit a half of that share which would belong to them at inheritance according to the law. However, in a judicial proceeding their share can be reduced, if there are serious argued reasons and proofs on it.

Besides, the testator has the right to cause in the will certain conditions which performance will be obligatory for receiving inheritance. The successors lose the right for inheritance according to the will in case of non-performance of such conditions, if the will of the testator was such. However, as always, there are exceptions to the rules: such conditions have to correspond to the current legislation and not contradict it and the moral principles of society; otherwise, it will be possible to recognize such conditions invalid. If the successor that is specified in the will, does not satisfy the will condition, will not accept the inheritance, will die, or will simply refuse the acceptance of inheritance, the testator has the right to appoint other successor in this case.

The will can be changed or cancelled at any time, it is also possible to make a new will, which will cancel the action of previous will, in that part, in which they contradict each other.

Registration of inheritance according to the law

According to this type of inheritance, successors acquire the right for inheritance in turn. The Civil code of Ukraine established 5 turns, each of which comes into inheritance only in case, when there are no successors of the previous turn. According with these turns, the children of the dead, parents and, of course, that from spouses who endured him are the first, who acquire the right for inheritance. The grandfather and grandmother, also sisters and the testator's brothers are the second, who come into a fortune. The third - the native uncle and the testator's aunt. The fourth, who can issue the inheritance, are persons that lived one family with the testator, not less than 5 years before the discovery of inheritance. At last fifth turn of successors: other relatives of the testator to the 6th degree of relationship, and the relatives with closer degree can discharge relatives of more distant degree of relationship.

If a person during a long time provided material support to the testator, when he was helpless because of the old age or a serious illness, mutilations, etc., such successor has opportunity to acquire the right for inheritance together with successors of that turn which the first has the right for inheritance, even if he is the successor of the subsequent turns, but it is possible to realize this right only by a court decision.

Grandsons or great-grandsons of the testator will inherit that share of inheritance, which, according to the law, would belong to their father, mother, the grandfather, grandmother, if they were live in the period of discovery of inheritance. The same concerns great-grandmothers, great-grandfathers, which inherit that share of inheritance, which would belong to their children (that is to the testator's grandmother, grandfather). Also the testator's nephews that inherit a share of their mother and father (that is the testator's sister or brother). Thus, it is possible to continue this list according to other relatives by analogy.

As for the section of inheritance, in the general order, according to art. 1267 of CCU, the shares of the inherited property of each of successors according to the law are equal. Nevertheless, in coordination between the parties the size of such share can be changed.

Registration of inheritance: procedure and problems

First of all, it is necessary to know that acceptance of inheritance has to be draw up at the notary. For this purpose, it is necessary to submit the application that you want to accept inheritance, and it is very important to know, that such application is submitted personally by the successor and if we speak about juveniles or incapable successors, such application is submitted by parents or trustees for them.

It is necessary to know, that one can come into inheritance in terms established by the current legislation. For today, such term in general makes 6 months since that moment when the inheritance was open. If appearance of the right for inheritance depends on rejection of inheritance or refusal of its acceptance by other successors, then establish the three-month term, which is estimated since that moment, when other successors refused to come into inheritance or from the moment of its rejection. Upon termination of this term, to all successors who declared the wish to accept the inheritance, the corresponding certificate is granted. Such certificates on inheritance receive at the notary. Moreover, so far as concerns the real estate, it is necessary to receive the certificate without fail. However, when the real estate is not a part of inheritance, then it is not obligatory.

In case, when the inherited property includes the house, the apartment, dacha or other real estate, except obtaining the certificate on inheritance, it is necessary to be engaged also in registration of the property rights to this property. In more detail about the procedure of registration of the property right, you can read in the article: «Property right to real estate».

It is necessary to provide to the notary various documents at the stage of filing the application about the wish to come into inheritance and at opening the case of inheritance, thus in each separate case the list of these documents will be different, as this list depends on the type of inherited property, on age and number of successors, and on other facts having a legal value at the section of structure of inheritance. The main documents that are required in most cases for registration of inheritance includes: the will (if it is), confirmation of death of the testator and composition of its property, the place and time of opening of inheritance, the birth certificate, passport, identification codes, documents of title etc. It is necessary to notice that, most likely, you will have a part of the demanded documents, but for some of them possibly it is necessary to address to various structures, for example, department of civil registration, BTI, etc.

Summing up the above results, we can note that registration of inheritance is not too confused and incredibly difficult procedure, but it has the features, nuances and the individual moments, which need to be considered in each separate case.

Acceptance of inheritance in a judicial proceeding or by means of pre-judicial settlement of dispute

In the majority, registration of inheritance is carried out at the notary, but unfortunately, also cases when there are disputed issues concerning inheritance are not rare. In such cases, there are some versions of the solution of such questions:

1 The first of them is a pre-judicial settlement of inheritance by achievement of arrangements between the parties, search of a compromise and legal registration of such arrangements at the notary.

2 The second way is more difficult, but in some situations, it can be the only correct exit from current situation - it is the acceptance of inheritance by means of the appeal to judicial authorities for settlement of this dispute.

Besides, there are situations, when the appeal to the court is in fact the only possible lawful way to issue the right for inheritance:

• cases of omitting of terms for acceptance of inheritance;
• contestation of the available will or its nullification;
• various mistakes in documents, by means of which are established certain legal facts that are necessary for acceptance of inheritance (for example, the name or surname of the dead, or a blot in the birth certificate some of successors are incorrectly written etc.);
• if there are no documents of title on inheritance (for example when the testator didn't privatize the apartment or some document is lost) etc.

Of course, it is necessary a qualified help of the inheritance lawyer for a qualitative solution of hereditary affairs. It is connected with the need to know all the rights and obligations for the matter, it is necessary to think over and develop in details procedural documents on business, to collect the mass of various references and proofs and many other things, for settlement of disputes by inheritance. Our Law firm "EuroVector" is ready to help you to understand all subtleties of registration of inheritance at any its stage. We will help to collect all list of documents necessary on concrete affair, and in case of need, at the appearance of disputed issues concerning inheritance – our qualified lawyers will represent Your interests in a judicial proceeding, and also at the notary, government bodies and other organizations. Our experts in acceptance of inheritance will analyze and prepare the necessary proof and various references for the positive solution of your question and the operational introduction in inheritance. 

 ATTENTION

Registration of inheritance is very laborious and important legal procedure, which you shouldn't ignore, because:

• If you don't issue the inheritance determined to you in time, other successors will apply for it, and you can lose the right for this inheritance;
• If don't restore the lost documents on inheritance, you won't be able to issue inheritance on such property;
• If you don't prepare and certify the will in time, perhaps your relatives will remain without inheritance or will receive only its small part;
• If you don't register the right for the inherited real estate, you won't be able to dispose it fully(to sell, present, bequeath, etc.).

It is not the full list of the reasons, which prove that the inheritance should be made out, that you should not delay this process, and our lawyers on hereditary affairs are ready to help you with it.

DOCUMENTS

DOCUMENTS NECESSARY FOR REGISTRATION OF INHERITANCES

 PRICE

REGISTRATION OF INHERITANCE – THE COST OF SERVICES:

ADDITIONAL SERVICES IN PREPARATION OF DOCUMENTS ON PROPERTY FOR INHERITANCE REGISTRATION:

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Law company EUROVECTOR has been providing sevices in the sphere of law for 8 years. Our clients satisfied with one service continue to cooperate with us on may others.

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LAW COMPANY EUROVECTOR

REPRESENTATIVE OFFICE OF THE LAW COMPANY EUROVECTOR IN MYKOLAEV

City: Mykolayiv

ADDRESS: st. Artilleriyskaya 19/1, office 305
 

Time of receipt:an appointment with the Mykolayiv city office will resume after the end of martial law. The provision of services is carried out remotely.

Online  

consultations: seven days a week 09:00АМ - 7:30РМ

Chat Center: seven days a week 09:00АМ - 9:30РМ

 

Registration for admission is carried out on the following contacts:

Phones:

 +38 (094) 9973105
 +38 (093) 1907047
 +38 (098) 1891818
 +38 (099) 5182838

Messengers: WeChat ID: eurovector2008

E-mail: [email protected]

 

REPRESENTATIVE OFFICE OF EUROVECTOR LAW COMPANY IN KYIV

City: Kyiv

ADDRESS: st. George Kirpa 2-B
 

Time of receipt: an appointment with the Kyiv city office will resume after the end of martial law. The provision of services is carried out remotely.

Online  

consultations: seven days a week 09:00АМ - 7:30РМ

Chat Center:seven days a week 09:00АМ - 9:30РМ

 

Registration for admission is carried out on the following contacts:

Phones:

 +38 (094) 9973105
 +38 (093) 1907047
 +38 (098) 1891818
 +38 (099) 5182838

Messengers: WeChat ID: eurovector2008

E-mail: [email protected]

Attention!

• Time zone in Ukraine - Eastern European Time (EET): summer time - UTC +3, standard time - UTC +2.

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Customer

 

 

LAW COMPANY EUROVECTOR

Call the office of the legal company EUROVECTOR or fill out an application on the website - 5 minutes.

1

Administrator answer, appointment for a consultation with a specialist - 5 min.

Pays for the consultation, provides the company with information, documents for a preliminary consultation - 10 min.

2

Contacts the customer, studies his goals, facts, circumstances, documents and conducts a consultation - draws up a list of activities and documents necessary to achieve the goal - from 20 minutes.

Orders the services of the company specified in the consultation to achieve the final goal - 10 min.

3

Draws up a contract, accepts an order for services necessary to achieve the goals of the customer - 10 min.

Provides documents and takes part if necessary.

4

Performs the service - established by the contract timing.

Receives performed services from LC EUROVECTOR - 20 min.

5

Transfers the completed services to the Customer - 20 min.

Total - 45 minutes

 

Total terms established by the contract.

  ATTENTION

Dear readers, partners, clients of the company. We try to keep our articles described in the services up to date and promptly make changes to them, however, LC EUROVECTOR does not guarantee that the services, procedures, list of documents, government payments or the cost of our services described in this article are up to date at the time of reading the article by you.

Articles for services, described on the website of the LC EUROVECTOR, – the vision and opinion of the authors, and the services themselves, offered by the law firm, are advisory in nature and reflect the relevance of legislative acts at the time of publication of the service.

Information, references to legislation or to other articles on the services of LC EUROVECTOR do not guarantee their relevance or full scope, since:

1 Today the legislation of Ukraine has a tendency to constant changes, additions and exceptions.

2 The information may be sufficient for the provision of services by LC EUROVECTOR, but not enough for independent use. Before you independently carry out the procedures described in this article, service, you should carefully read the current legislation. In addition to legislation, there are also practical aspects of its application and technical features of various procedures.

We will be grateful if you contact our specialists.

 FREQUENTLY ASKED QUESTIONS

Good afternoon! Documents were lost and with them an extract on the registration of an all-Ukrainian public organization, how can it be restored?

30.05.2022

• Good afternoon, we provide document recovery services for the all-Ukrainian public organization.