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How to legally execute the inheritance under a will in Ukraine?

In connection with such changes in life, many are experiencing great stress, some can not or even do not want to discuss the urgent issues of registration of the deceased's property. However, despite the loss of a loved one, the life of the successor does not stop - there are hereditary matters, there is a need to re-write the property belonging to the deceased at the time of his death.

According to the legislation of Ukraine, Recipients are recognized as those who are with a deceased in a certain relationship, that is, inheritance under the law. The legal continuity puts the heirs in the order of priority. Usually the main contenders are citizens of the first family line - children, spouses, parents. Persons entering into a will receive property on this document, so in this case, close relationships are not necessary. The most important thing is that the legal document and registration of the inheritance in accordance with the will must contain correctly specified personal data: the date of birth, other parameters of the person to whom the act was drawn up. In the case of a coincidence, it is difficult to identify a successor.

It is common misconception that the design of the inheritance by will is everything. However, it does not always provide an opportunity to transfer the property in full. Even with its presence, you can not be the sole heir. In addition, this act is very simply canceled. To this end, the testator needs only to turn to the notary. Therefore, do not put all hopes on this kind of document.

The only person who has the legal right to open a case of continuity and issue the appropriate certificate is a notary. According to regulatory requirements, the design of the inheritance under the will is initiated only once and only with the help of a single notary.

In accordance with the instructions of Article 1270 of the Civil Code, the property is taken within six calendar months following the date of the person's death, or, as they say, the opening of the inheritance. That is, you either need to pick it up, or file an application for rights, and it's in the semi-annual period. If you miss the legal term for the design of the inheritance by will, you need to apply to the court to help restore the lost possibility of acceptance.

There are situations in which there is no need to file an application. This, for example, when the heir was in the past registered with the now deceased "on one property," and therefore he can automatically take the estate himself. Important disclaimer: according to GKU, the inheritance taken is taken all at once and completely, without discussion. This means that you can not take, for example, a house and at the same time give up an apartment or - about the horror! - from the money debt. Or everything, or nothing!

To visit a notary was not in vain, you need to bring the following documents with you:

  • Passport of the heir and his tax number;
  • Certificate of death of a loved one;
  • Will (if any);
  • A document designed to confirm kinship (birth certificate, act of marriage) ;
  • A certificate from ZhEKa about who lived with the testator on the date of his death;
  • An extract from the house book.

The possibility of disposing of new property will come later, after full legal registration of the inheritance on the house, so that neither sell nor donate it is impossible, but you can use your whole life.

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