The final stage of the inheritance process is to become the owner of heritage. But sometimes people want to skip all the previous stages and claim they are the only heirs without any relevant documents. Right to heritage and become owner of heritage are two different things. Serhiy Bynko, lawyer of Voznesensk Center for secondary legal aid, provides consultations on the topic.
A person that has not confirmed his/her rights to heritage cannot be considered its owner and has no property rights. The only way someone can become heir automatically is when no close relatives exist to claim the heritage and property is transferred to local community. Local community automatically becomes the owner of property.
In all other cases, inheritance is an individual process that has to be done by the heir himself/herself or by his/her legal representative. The heir cannot accept inheritance in the name of another person. For example, if the will mentions a couple as a heir, both partners have to receive the heritage, not only one of them.
The heir can be designated through different means: will, legislation, heritage transmission, etc. It is also possible to inherit one part of the heritage through will and the other through relevant legislation. The heir has the right to chose witch method is the most appropriate. There can be no conditions in the acceptance of heritage.
The legislation that regulates the right to heritage corresponds to the article 1268 of the Civil code of Ukraine. The heir becomes the legal owner of the heritage right after the announcement of the will.
Furthermore, at the moment of inheritance, the property is estimated by the notary to get its value. It is important in the case if the heir has to pay back loans on the property. After the estimation, the value cannot be changed even if the heir receives profits or suffers losses from the inherited property.
Voznesensk Center for secondary legal aid
Voznesensk, Mykolaiv region
Pushkinska str, 3, office 35, 56500.
Tel.: (05134) 3-22-50, 093-515-76-23 (manager), 099-7258849 (lawyer)