Hereditary succession/ legal succession

The Civil code of Ukraine regulates the order of legal succession.

Hereditary succession can be:

• when there is no testament;

• when persons, who are heirs by testament, gave up of inheritance or died;

• if a testament is declared as ineffective in decision of court.

Heirs on legal succession take an inheritance by turn. A civil legislation sets 5 turns of heirs.

Children of testator, such husband or wife, who has outlived him or her and parents have a right on legal succession in the first turn.

(Adult children and children, who had conceived in the time of life of testator and were born after his or her death).

Brothers and sisters of testator, his or her grandmother and grandfather both from the side of father and from the side of mother have a right on legal succession in the second turn.

An uncle and an aunt of testator have a right on legal succession in the third turn.

Persons, who lived with testator as one family no less as five years to time of opening of inheritance have a right on legal succession in the fourth turn.

Other relatives of testator to the sixth degree of kinship have a right on legal succession in the fifth turn.

Dependants of testator, who were not members of his or her family, have a right on legal succession in the fifth turn.

There are such cases of legal succession by Ukraine:

1. if all heirs gave up of inheritance;

2. if there are no heirs neither testamentary succession, nor legal succession;

3. if all heirs were deprived of an inheritance;

4. if nobody of heirs accepted an inheritance.

The heir has a right to accept an inheritance or not accept it.

The heir has accepted an inheritance:

• if he actually entered into a management or in possessing the inherited property;

• if he handed to a notarial office at the place of opening of inheritance application about the acceptance of inheritance.

The heirs during 6 months from the day of death of testator must write an application about the acceptance of inheritance in a notarial office. After 6 months from the day of death of testator the heirs get Certificate about the acceptance of inheritance.

9. Persons, who have no right on an inheritance

According to the Civil code there are persons who have no right on an inheritance:

1. persons, who have deprived life of testator or somebody of possible heirs or have realized attempt upon their life willfully;

2. persons, who hindered to testator to lay down a testament, make alteration to it or to abolish a testament wilfully, when such actions promoted (assisted) to the origin of right on an inheritance for them or for other persons or the increase of their part in an inheritance;

3. parents after the child, when in relation to this child they were deprived paternal rights, and their rights were not renewed at the moment of opening of inheritance;

4. parents (adopters) and adult children (adopted), and also other persons, who avoided of implementation of duties to care about testator, if this circumstance was set by court;

5. persons one by one, when marriage between them is ineffective or declared as ineffective in decision of court;

6. in decision of court a person could be removed from a right on legal succession, if it will be set that such person avoided of help to testator, who because of old age, grave illness or physical injury was in the helpless position.