Inheritance Law
Inheritance Law
INHERITANCE
LAW
The Goals
determine the basics of inheritance law;
describe the features of inheritance by
law and by will;
show the order of realization of
inheritance rights.
Inheritance law
Inheritance law is a set of civil law rules that establish the order of transfer of rights and obligations of
the deceased under the right of inheritance.
Inheritance
Inheritance is the transfer of rights and obligations from the testator to heirs.
Testator
The testator is a person who has written and executed a last will and testament that is in
effect at the time of their death.
Heir
The heir a person who will legally receive money, property, or a title from another person, especially
an older member of the same family, when that other person dies.
Ways to inherit
By will
By law
Inheritance by law
Inheritance by law took place:
If the deceased did not leave a will;
If the heirs in the will died before or
at the same time as the testator;
If the will was declared invalid
Inheritance queues
a certain circle of persons united by the degree of family ties
1. Children, parents, one of the spouses who
survived another.
2. Full and partial brothers, sisters,
grandparents.
3. Native uncle and aunt.
4. Persons who lived with the testator in the
same family for at least 5 years before the
opening of the inheritance (death of the
testator)
5. Other relatives of the testator up to the
sixth degree of kinship inclusive.
Compulsory share of the inheritance
is a portion of assets that a testator is obliged to leave to certain people.
1. Children of the testator.
2. Disabled widow (widower).
3. Disabled parents.
Will
A will (testament) is a document written by a living person stating his/her wishes to
be executed after his/her death.
General requirements for the will form
1. A will shall be drawn up in writing, indicating the place and time of its drawing up.
2. The will must be signed by the testator personally.
3. The will must be certified by a notary or other officials.
How to Get a Will Witnessed and Notarized
1. Find a notary.
2. Choose two witnesses
3. Gather everyone together
4. Sign and date the will
5. Witnesses initial and signatures
6. Notary stamp
7. Store the Will Safely
8. Sign the Self-Proving Affidavit
Self-Proving Affidavit
a document attached to the will where the witnesses sign, representing that the testator were of sound
mind when was creating the Will. It is not necessary to include affidavits - a properly made, signed and
certified will is legal without it.
The court declares will invalid
1.A will is made by a person who did not have the right to do it.
2.Impairment to the free expression of the testator's wishes
3.A will does not include persons entitled to a compulsory share in the inheritance
The Civil Code of Ukraine provides:
Testament with a condition Secret Testament