Testamentary succession

Testamentary succession is the type of succession, when there is a testament.

The testament is the personal order of natural person in case of his or her death.

The natural person with full civil legal capability has the right on the testament. The right on the testament is realized personally. It is impossible to realize this right through a representative.

The next conditions are obligatory to the testament:

1) the testament must be only in writing;

2) the person with full legal capability has the right to create the testament;

3) the testator signs the testament by him or herself, which is obligatory certificated (certified) by a notary or public officers;

4) the contents of the testament must be in accordance with the requirements of the law.

It is possible to declare the testament as ineffective after the decision of the court. It is possible in the next cases:

1) the testator created the testament as a result of violence or threat;

2) the testator was forced to create the testament on the extremely unprofitable conditions for the testator.

The testator has the right to abolish the testament or create a new testament. The testament that was made later abolishes the previous testament fully or in that part in which the following document contradicts with the previous document.

The testator can appoint as his or her heirs one or a few people regardless of presence of family relations between the testator and heirs.

The minor, the adult disabled children of the testator, the disabled widow (widower) and the disabled parents have the right to inherit the obligatory part of inheritance.It means that everyone of these people may inherit the half of the part, that would belong to every of them in case of legal succession regardless of the content of the testament.

The married couple have the right to create the common testament in relation to the property that belongs to the husband and the wife on the right of common combined ownership.

The testator has the right to connect the transition of rights with implementation of definite duties.

Hereditary succession/ legal succession

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

It is possible in the next cases:

- there is no testament;

- people, who are heirs by testament, gave up to inherit the property and duties or died;

- the testament is declared as ineffective in the decision of the court.

The heirs on legal succession take the inheritance by lines (turn). The civil legislation sets 5 lines (turns) of the heirs.

The children of the testator, the testator’s husband or wife, who has outlived the testator, and the parents of the testator have the right on legal succession in the first line (turn).

(The adult children and the children, who had conceived in time of the testator’s life and were born after his or her death have the right to inherit in the first line).

The brothers and the sisters of testator, his or her grandmothers and grandfathers both from the side of the father and from the side of the mother have the right on legal succession in the second line (turn).

The uncles and the aunts of testator have the right on legal succession in the third line (turn).

People, who lived with testator as one family not less than five years to the time of the testator’s death have the right on legal succession in the fourth line (turn).

The other relatives of the testator to the sixth degree of kinship have the righton legal succession in the fifth line (turn).

The dependants of the testator, who were not the members of his or her family, have the righton legal succession in the fifth turn.

The heir has the right to accept the inheritance or not accept it.

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

There are such cases of legal succession by Ukraine:

1) all heirs gave up to inherit;

2) there are no heirs by the testament and by the law;

3) all heirs were deprived of the inheritance;

4) nobody of heirs accepted the inheritance.

Дата добавления: 2015-11-14