Hereditary disputes

As Mikhail Bulgakov, the magnificent domestic writer of the last century, wrote: “Yes, man is mortal, but that would be half the trouble. The bad thing is that he is sometimes suddenly mortal, that’s the trick! ”
With this tragic event, all rights and obligations of the person who is gone are terminated. At the same moment, paradoxically, for some other people, rights on the contrary arise. This refers to cases when a certain amount of property remains after the deceased, and it is a question of rights that arise in relation to the same property.
That is, the discussion in this article will deal with inheritance and disputes that can accompany this process in passing.
First of all, there’s little about inheritance and what its types are.
in fact, there are only two types of inheritance: by law and by will.
For inheritance by law , it is necessary to have a family relationship with the deceased. To distinguish between relatives from each other, the law divided these relatives of the deceased into queues.
The closest relatives are the first line: parents, children, spouse. There are five such queues.
The second stage includes less close relatives, even less close to the third. In the fourth and fifth lines we will meet and not relatives at all.
According to the rules established in the law, if there is only one heir left, he will inherit all the property individually. If several - they inherit in equal shares (two - in half, three - divided into three, etc.).
If the heirs of the first stage are not left alive, the heirs of the second stage are considered, and if not, the third etc.
For inheritance by will , family ties are not necessary, but a testament is required. In other words, during life a person has the right to bequeath his property at his discretion to absolutely any other person, or not to a person at all. This refers to any company, institution, charitable foundation, other legal entity of any form of ownership.
If you read about "not a person", you thought about a dog, cat or other animal, as it is done in the west, this was not meant.
In Ukraine, a testament can be left only in favor of a civilian party relationships to which animals do not belong.

If this is clear, let's move on to disputes that can accompany the inheritance process.
What can often be the root cause such a dispute ?

  • • The application to the notary for participation in the inheritance procedure was not timely submitted, which, by law, excludes the right to claim the property of the deceased;
  • • Absence, due to loss or other reasons, of mandatory documents for the inheritance procedure (for example, that the deceased privatized the apartment);
  • • If the deceased issued a will, but not for all his property, but there are applicants for the remainder;
  • • The existence of suspicions that the testament is not legitimate (for example, the originality of the deceased signature);
  • • Definition of shares in the property of the deceased, highlighting the mandatory share;
  • • Recognition of applicants for the property of the deceased unworthy;
  • • Failure to take into account the rights of juvenile and underage younger relatives of the deceased, other relatives applying for an obligatory share in the division of the property of the deceased.

This is not an exhaustive list of the circumstances that cause the dispute in the process of inheritance.

The mansion is a group of lawsuits, about establishing facts that are relevant to the inheritance procedure. In other words, in order for a relative to participate in the division of the property of the deceased, it is necessary for the court to preliminarily establish a certain fact. Later, based on this fact and the relevant decision of the court, a relative can fully participate in the procedure.
What kind of facts are involved in terms of the need for their judicial confirmation?

  • • On the fact of accepting an inheritance;
  • • About the fact of kinship with the deceased;
  • • About the fact of living together with the deceased at the time of his death (this and the following fact are important for the heirs of the fourth stage);
  • • On the fact that a single family of a man and a woman live without marriage registration.
  • • About the fact that the citizen is in the content of the deceased (this fact is important for the heirs of the fifth stage).

A few words about specific issues that potential acquisitions of a departed citizen’s property may be in disagreement.
Challenging a will. It would seem that it can be simpler: there is a deceased, there is a will, there is one who is mentioned in it. What are the controversies? What are the courts?
But not everything is so simple. Sometimes a will (or rather, its content) greatly upsets other relatives who are not mentioned in it. And then various surprising circumstances begin to emerge.
For example, the signature on the will of the wrong person. Or the deceased at the notary could not be on the day of signing the will, as he is in a different place (under treatment or a visit to the mentioned relatives). Or, in general, he suffered from a mental disorder and did not know what he was doing and what he signed.
And it happens and vice versa. It happens that the relatives of the deceased are not at all crazy, as described above, but really after their loved one leaves, they will learn about the will regarding a person who previously none of them knew. Including the deceased himself.
And then, all of the above circumstances are really not contrived by some kind of harm, but one way or another really existed.
In both cases, these and similar circumstances are grounds for challenging a will.
Establishing a new deadline for accepting an inheritance . A relative cannot reflect on the topic endlessly acceptance or non-acceptance of the property of his deceased loved one.
For such reflections, the law gives him a six-month period for a written appeal on this matter to the notary.
If the heir misses the given term, formally he can no longer participate in the further procedure of sharing the property of the deceased. But if he justifies that he missed these six months not for carelessness, but for valid reasons (and gathers evidence of these reasons, as well as their respectfulness), the court may well meet him and establish a new term.
Suspension from participation in the hereditary process. The law defines a number of persons who are not entitled to participate in the inheritance process. These are persons who contributed to the care of the deceased (including attempted attempts), or some of the relatives who are closer to the inheritance.
If this is established by the court, then this circumstance is the basis for this suspension from inheritance.
For the same reason, parents are not entitled to participate in the procedure for sharing the property of the deceased child if they were deprived of parental rights during his lifetime.
In addition , by a court decision, a person may be suspended from participation in the inheritance process if it is determined that such a relative avoided providing assistance to the deceased who was in a helpless state due to old age or illness.

Do you claim the inheritance of a departed relative and have problems, instead of the property due to you under the law?
Do you and your right to inheritance need judicial support or judicial protection?
Your relatives went to war with you and they pull in litigation on a hereditary dispute?

Contact our law firm! We, our specialists, will accompany you at all stages that you need to go through in order to successfully inherit the property due to you!

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