The right to a mandatory share in the inheritance

Under the Civil Code of Ukraine, a person has the right to distribute heritable property and appoint heirs with a will. At the same time, regardless of the content of the will, the law guarantees a certain share of the inheritance, which is called obligatory share, a certain category of persons.

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Yes, according to Art. 1241 of the Civil Code of Ukraine this category of persons (the list is exhaustive) includes persons from the first stage of the successors of the law who are minors, adolescents of incapacitated children of the decedent (including adopted), disabled widows (widowers), disabled parents (adoptive parents), and children who were conceived during the life of the testator and born after the discovery of the inheritance.

Thus, the freedom of an inheritance is limited to the right of this category of persons, regardless of the will of the testator.

It should be noted that young people are under the age of 14 years. Minors are under the age of 18. Disabled are women who are 55 years old and men 60 years old; invalids of І, ІІ, ІІІ groups, regardless of whether they are assigned a pension.

In this case, it is worth to understand that minors who have acquired full civil capacity (for example, in the case of registration of a marriage, the birth of a child or work under an employment contract) also have a right to a mandatory share if at the time of opening the inheritance they are under the age of 18 years.

Similarly, it does not deprive the right to a mandatory share of the inheritance of continuing employment after retirement.

What is the obligatory part in the inheritance? In accordance with the law, the mandatory share is determined in the amount of ½ of the proportion that would belong to each of the heirs entitled to it, if inherited by law, regardless of the content of the will..

A heir, who has the right to a mandatory share, has the right to apply to the notary with a statement on taking measures to protect hereditary property to establish the entire hereditary mass in full. Therefore, it is important to determine the range of all persons who could inherit the law in the absence of a will, and determine the composition of the property from which the inheritance is made.

It should be noted that the right to a mandatory share can not depend on the consent of other heirs to receive it, as well as the place of residence of the heir. However, if other heirs object to the issuance of the certificate of the right to inheritance for a mandatory share, they are entitled to apply to the appropriate suit in court.

And the court, taking into account the relationship between the heirs and other circumstances, may change the size of the share towards the reduction. Deprivation of the right to a mandatory share in the inheritance law does not provide.

If the heir, who is entitled to a mandatory share in the inheritance, will not accept the inheritance in the statutory term or renounce the inheritance, the property will be inherited by the heirs under the will.

 

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