"Nemo pro parte testatus, pro parte intestatus decedere potest" – “No person can die partially testate and partially intestate”. It is a principle of Roman law.
Succession is transfer of rights and obligations (inheritance) from a deceased individual (estate-leaver) to other persons (heirs) (Article 1216 of the Civil Code). Succession is regulated by Book 6 of the Civil Code of Ukraine. General provisions on succession are specified in Chapter 84 of the Civil Code. Succession is considered to be general (universal) legal continuity because deceased person’s rights and obligations pass to his/her heirs as a whole, altogether. An heir may not accept some of the rights while waiving the other rights. This is direct legal continuity because an heir receives rights and obligations directly after the deceased person on the basis of an inheritance acceptance act. The procedure for exercising heirs’ rights is regulated, apart from the Civil Code, by the Law of Ukraine “On Notary”. The resolution of the Plenum of the Supreme Court of Ukraine “On Practice of Consideration of Inheritance Cases by Courts of Ukraine” dated June 24, 1983, also plays an important part in judicial practice.
- advice on testate and intestate succession;
- advice on wills containing legacy, wills with imposition of duties on heirs, with conditions, with creation of servitude, with appointment of heirs, as well as consultations on personal and spouses’ wills;
- our lawyers will help in appeal against all types of wills, parts of wills, alterations of wills, and invalidation of wills;
- advice on entry into lifetime maintenance agreements and inheritance agreements, appealing against the said agreements;
- advice and support on some peculiarities of inheriting certain types of property and rights, inheriting of apartments, houses and other real estate items, titles to land plots;
- advice and support in formalization of inheriting a part in joint property, bank deposits (or deposits in other financial institutions), vehicles;
- exercising the right to inheriting;
- issues related to acceptance of an inheritance, time limits for acceptance of an inheritance, renewal of time limits for acceptance of an inheritance;
- actual acceptance of an inheritance, distribution, separation of an inheritance part;
- transfer of the right to accept an inheritance;
- drawing up of claims, complaints, etc. in the sphere of inheritance law;
- disputes associated with acceptance of an inheritance and elapsed acceptance time limits;
- disputes associated with inheriting real property, a land plot;
- disputes associated with ascertainment of an inheritance acceptance fact.