Will not everyone get it? Who can receive an inheritance by will

Inheritance includes not only property, but also rights and obligations, for example, the obligation to repay credit obligations. All this can be indicated in the will, which the deceased leaves behind.

But do everyone have the right to inherit by will, “Today” dealt with Alexey Bystry, partner of the “BSB Partners” Law Firm.

Inheritance can be by will and by law (in the absence of a will).

Will – This is a personal order of an individual in the event of his death. testator (testator) is a citizen whose property after his death passes by inheritance to another person or to other people (heirs), the expert recalls.

A person who, in the event of the death of a person, acquires the right to receive his inheritance property is called heir.

Who can inherit by will?

In our case, the persons specified in the will have the right to inherit. And the testator can choose the heir any person, legal entity (firm) or state.

“… and to the neighbor who asked me to indicate him in the will, I say hello,” our expert gives a funny example.

That is, the testator may appoint one or more natural persons as his heirs, regardless of whether he has family, kinship relations with these persons, as well as other participants in civil relations.

“The testator may, without giving reasons, deprive any person from among the legal heirs who cannot obtain the right to inherit,” the lawyer notes.

However, the Law establishes certain restrictions on the will of the testator, according to which it is impossible to deprive people of the right to inherit right to a compulsory share in the inheritance .

Part one of Article 1241 of the Civil Code of Ukraine states that underage, minor, adult disabled children of the testator, disabled widow (widower) and disabled parents inherit, regardless of the content of the will, half of the share that belonged to each of them in the event.

“The right to an obligatory share in the inheritance does not depend on the consent of other heirs to receive it, as well as the place of residence of the heir. But if other heirs object to the issuance of a certificate of the right to an inheritance to an obligatory share, then they have the right to file a corresponding claim with the court,” – says Alexey Shvidky.

Separately, it should be noted that if a person who is an heir took the life of his testator, then he loses the right to inherit.

The time of the heritage design

It is very important to remember that the period for accepting an inheritance is limited and if you miss it without reasons that the court considers valid – you will lose your share.

According to Aleksey Shvidkoy, in this case the law is quite tough. In Ukraine, the period for accepting an inheritance is six months from its openingi.e. from the date of death of the testator.

The expert notes that if you are told that you missed the deadline for accepting the inheritance, you need to pay attention to whether you lived and were registered with the deceased at the same address on the day of death.

If so, then there will be no problems with obtaining a certificate, in fact, you accepted the inheritance automatically.

“Today” also wrote how not to get other people’s debts along with the inheritance and told how to appeal a will.