Exclusion from Inheritance in Ukraine

The institution of inheritance governs the transfer of the rights and obligations of a deceased person to his or her legal successors. At the same time, Ukrainian law provides for a number of exceptions under which a person who formally belongs to the group of heirs may be excluded from the right to inherit. This mechanism applies where the heir’s conduct is contrary to the principles of good faith and morality or directly violates the law.

Article 1224 of the Civil Code of Ukraine determines who may be excluded from inheritance and establishes the grounds for such exclusion through court proceedings. In particular, these grounds include:

1. Intentional deprivation of the life of the deceased or another heir. A person who has committed an intentional murder or attempted to take the life of the deceased or another heir loses the right to inherit. An exception applies where the deceased, being aware of the act committed, subsequently made a will in favor of that person. In court practice, such circumstances are most commonly confirmed by a criminal judgment or relevant materials from a pre-trial investigation.
2. Obstruction of the making, amendment, or revocation of a will. If an heir intentionally prevented the deceased from expressing his or her wishes regarding the estate—for example, by isolating the deceased, deceiving or threatening the deceased, or blocking access to a notary—this may constitute grounds for exclusion from inheritance. The obstruction must have been committed for personal gain, such as increasing the heir’s share of the estate or obtaining the inheritance contrary to the deceased’s wishes.
3. Deprivation of parental rights. Parents who were deprived of parental rights in respect of their deceased child and whose parental rights were not restored before the opening of the inheritance are deemed to have no right to inherit by law. This fact is established on the basis of a court decision.
4. Evasion of the obligation to support the deceased. A court may declare an heir unworthy to inherit if it is proven that the heir deliberately avoided supporting a person who was in a helpless condition due to old age, illness, or disability. The court considers the person’s conduct, awareness of the obligation to provide assistance, ability to do so, and deliberate failure to fulfil that obligation. Exclusion from inheritance on this ground does not require a prior claim for maintenance. A claim for exclusion from inheritance may be filed by any interested person, including a territorial community.
5. Declaration of a marriage as invalid. If, after the death of one spouse, the marriage is declared invalid, the surviving spouse loses the right to inherit. However, if that person did not know and could not have known of the legal impediments to the registration of the marriage, the court may allow him or her to inherit a share of the jointly acquired property.

The procedure for exclusion from inheritance requires court proceedings during which all relevant circumstances are established and evidence, witness testimony, expert opinions, or criminal judgments are examined. Court practice concerning exclusion from inheritance shows that Ukrainian courts carefully assess the circumstances of each individual case.

A claim for exclusion from inheritance must be filed by a person for whom the exclusion would produce legal consequences, usually another heir.

Court practice regarding exclusion from inheritance demonstrates that Ukrainian courts thoroughly analyze the facts and evidence before deciding to exclude an heir from the estate. Several illustrative examples are provided below:

• Under Part 6 of Article 82 of the Civil Procedure Code of Ukraine, final criminal judgments are binding on courts considering the legal consequences of a person’s actions, including cases concerning exclusion from the right to inherit. Thus, in Case No. 308/18663/24, the Uzhhorod City District Court of the Zakarpattia Region established that the heir had deliberately evaded the obligation to support his helpless mother, leaving her in life-threatening conditions that resulted in her death. This became the basis for excluding him from the right to inherit.
• Case No. 344/4190/21: the Ivano-Frankivsk court concluded that the heir should be excluded from inheritance because she had obstructed the making of a will. The heir had pressured her mother by threatening that, unless a will was made in her favor, she would stop providing assistance, cease communication with her mother, and prevent her from communicating with her grandchildren.
• In Case No. 930/812/22, sufficient evidence was presented, including witness testimony confirming that the heir had evaded the obligation to support his mother. The Nemyriv District Court of the Vinnytsia Region issued a decision excluding the heir from the inheritance.

Compliance with the statutory procedure for exclusion from inheritance is essential for achieving a favorable outcome. It should also be remembered that the time limits for filing such a claim are restricted, so it is important not to delay.

If you are facing a situation in which a potential heir failed to care for the deceased, obstructed the making of a will, or committed serious acts against the deceased, contact our law firm for professional legal assistance. We will assess the prospects of the case, help collect the necessary evidence, prepare a well-grounded claim, represent your interests in court, and help protect your share of the inheritance.