Ukrainians were clarified whether it is possible to inherit without a will: what the law says.

The Law of Inheritance in Ukraine

The Ministry of Justice explained that inheritance is the transfer of rights and obligations from a deceased individual to heirs.

According to the Civil Code of Ukraine, inheritance can be carried out by will or by law.

If the deceased did not leave a will or if their will was deemed invalid, and in cases of non-acceptance of the inheritance or refusal by the heirs according to the will, as well as in cases where the will does not cover the entire inheritance, inheritance occurs by law. In these cases, the right to inherit belongs to the persons specified in the Code.

According to Article 86 of the Code, the order of inheritance by law is established. Heirs acquire the right to inheritance successively, depending on the degree of relationship. Each subsequent line obtains the right to inheritance in the absence of heirs from the previous line, their refusal, or non-acceptance of the inheritance, except for cases provided for in Article 1259 of the Code.

There are a total of 5 lines of heirs by law:

• first line - children, spouses, and parents of the testator;
• second line - brothers, sisters, and grandparents (from both sides);
• third line - uncles and aunts;
• fourth line - persons who lived with the testator for at least five years;
• fifth line - other relatives up to the sixth degree of kinship inclusive (the number of births that separate a relative from the testator determines the degree of kinship).

Persons who were dependents of the testator, which were not members of their family, may also have the right to inherit by law. A dependent is considered a minor or incapacitated person who received financial support from the testator for five years.

The order of inheritance can be modified by an agreement between the heirs after the opening of the inheritance. However, this agreement cannot violate the rights of heirs who did not participate in it or who are entitled to a mandatory share of the inheritance.

A natural person who is a legal heir of the next lines may acquire the right of inheritance together with the heirs of the previous line, provided that they took care of and financially supported the deceased heir for a long Time, who was in a helpless state due to old age, severe illness, or disability.

In the case of inheritance by law, adopted persons and their adopters are regarded as relatives by descent. Therefore, an adopted person and their descendants do not inherit by law after the death of their adopting parents or other of their relatives by descent.

Inheritance by right of representation occurs in cases where heirs acquire the right to inherit from their relatives as if they were alive at the time of the opening of the inheritance. For example, grandchildren or great-grandchildren of the testator inherit that portion of the inheritance that would belong to their parents or grandfather if they were alive at the time of the opening of the inheritance.

The size of shares in the inheritance for each heir by law is equal. However, heirs can change the size of shares provided there is an oral or written agreement among themselves, the latter must be notarized.