Inheritance Without a Will in Ukraine: Who Inherits Under the Law
A person does not always leave a will. In such cases, the estate passes to the heirs in accordance with the provisions of the Civil Code of Ukraine. Intestate succession determines who is entitled to inherit in the absence of a will, the order in which the estate is inherited, and how inheritance disputes between relatives are resolved.
Inheritance Without a Will
Inheritance by law applies in the following cases:
- the deceased did not make a will during their lifetime;
- the will has been declared invalid by a court;
- the will covers only part of the deceased's property;
- the beneficiaries named in the will refused the inheritance or died before the deceased.
In all of these situations, the law establishes a clear order of intestate succession, determining who inherits the deceased's property and in what order.
Who Is an Heir Under the Law?
Legal heirs include individuals who were alive at the time the inheritance was opened, as well as children conceived during the deceased's lifetime and born after their death. The key principle is that the right to inherit without a will does not arise for all relatives simultaneously but rather according to the statutory order of succession established under Ukrainian law.
Order of Intestate Succession in Ukraine
Ukrainian law establishes five classes of heirs. Each subsequent class acquires the right to inherit only if there are no heirs of the preceding class, they failed to accept the inheritance, waived their inheritance rights, or are deemed to have predeceased the deceased.
First-Class Heirs
The first class of heirs includes:
- the deceased's children (including adopted children and children born after the deceased's death);
- the husband or wife who was legally married to the deceased at the time of death;
- the deceased's parents.
These individuals most commonly inherit the estate where no will exists, as the law gives priority to the deceased's closest relatives.
Second-Class Heirs
If there are no first-class heirs, the right to inherit passes to the second class, which includes:
- the deceased's full and half brothers and sisters;
- the deceased's grandparents on both the father's and mother's side.
Third-Class Heirs
The third class consists of the deceased's aunts and uncles, namely the brothers and sisters of the deceased's parents.
Fourth and Fifth Classes of Heirs
The fourth class includes persons who lived with the deceased as one family for at least five years before the opening of the inheritance. The fifth class includes other relatives up to the sixth degree of kinship, as well as dependants of the deceased who received financial support from the deceased for at least five years.
Order of Intestate Succession and Distribution of the Estate
Under the rules of intestate succession, heirs of the same class inherit the estate in equal shares. For example, if the deceased is survived by a spouse and two children, the inheritance is divided into three equal parts. The distribution of the estate takes place after the heirs submit an application for acceptance of the inheritance to a notary within six months from the date of the deceased's death.
It is important to remember that the surviving spouse is entitled to their share of the jointly owned marital property, which does not form part of the inheritance. The spouse's share is allocated first, and only the remaining property is divided among all first-class heirs, including the surviving spouse.
How to Divide an Estate Without a Will When Disputes Arise
The question of how to divide an estate without a will arises quite frequently. As a general rule, the estate is divided equally among heirs belonging to the same class.
However, the heirs may agree on a different distribution of the inherited property by entering into an appropriate agreement. If an inheritance dispute cannot be resolved amicably, the matter is referred to court. Court proceedings may be required, in particular, to establish inheritance rights where the inheritance was accepted in fact without applying to a notary, or to restore the statutory time limit for accepting an inheritance due to valid reasons such as prolonged illness, residence abroad, or lack of knowledge about the deceased's death.
Why You Should Consult an Inheritance Lawyer
Handling an inheritance without a will requires careful attention to legal documents, statutory deadlines, and the collection of supporting evidence, especially where court proceedings are involved. Our inheritance lawyers provide comprehensive legal support in inheritance matters throughout Ukraine. An inheritance attorney will assess your situation, provide professional legal advice, assist in collecting the necessary documents, prepare applications for the notary, represent your interests in court, and ensure the proper completion of the inheritance process in Ukraine regardless of the complexity of the case.
If you need legal advice regarding inheritance without a will, contact our inheritance lawyers. We will help you determine the applicable order of succession and guide you through every stage of the inheritance process.