Law of Succession in Ukraine

Book Six of Civil Code of Ukraine

Succession is the passing of rights and obligations (inheritance) from a natural person who died (the testator) to other persons (the heirs).

Succession shall be exercised based on a will (testamentary succession) or according to law (legal succession).

Inheritance shall include all rights and obligations of the testator as of the moment of opening

of inheritance that did not terminate in consequence of the testator's death.

Inheritance shall be opened in consequence of the person's death or declaring the person dead.

The time of opening of inheritance shall be the day of the person's death or declaring the person dead.

If two persons who could have inherited one after the other die during the same day, the inheritance shall be opened simultaneously and separately for each of the said persons.

If several persons who could have inherited one after another die as a result of the same distress (natural disaster, accident, catastrophe, etc.), it shall be deemed that they died simultaneously. In this case, the inheritance shall be opened simultaneously and separately for each of the said persons.

The place of opening of inheritance shall be the last place of the testator's residence. If the place of the testator's residence is unknown, the place of opening of inheritance shall the location of immovable property or the major part thereof, or in default of immovable property - the location of movable property.

Testamentary and legal heirs may be natural persons living as of the moment of opening of inheritance, and the persons conceived in the testator's lifetime and live-born upon opening of the inheritance. Testamentary heirs may be legal entities and other participants of civil relations.

 The persons specified in the will shall have the right to succession. A will is a personal arrangement made by a natural person in case of his/her death. Natural persons in full civil capacity shall have the right to make a will. The right to make a will shall be exercised personally. Making a will through a representative shall not be permitted.

A notary shall certify the will constructed by the testator manually or using the common technical devices. By the testator's request, a notary may construct a will at the testator's dictation manually or using the common technical devices.

Legal heirs shall have the right to succession in turn. Every next turn of legal heirs shall receive the right to succession in default of the previous turn of heirs.

The first priority legal heirs shall be the testator's children, including those conceived in the lifetime and born after death of the testator, the survivor spouse, and the parents.

The second priority legal heirs shall be the testator's brothers and sisters, grandfather and grandmother both paternal and maternal.

The third priority legal heirs shall be the testator's aunt and uncle.

The fourth priority legal heirs shall be the persons who lived as one family with the testator for at least five years before the inheritance opening.

The fifth turn legal heirs shall be other testator's relatives up to the sixth degree of kindred. The relatives of a closer degree shall have priority over the farther degree relatives.

The shares of legal heirs in the inheritance shall be equal.

Original

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