Terms - Inheritance and Inheritance

Each person intuitively assumes that the inheritance is the acquired good that remains after the deceased person. But our idea of inheritance does not quite coincide with what is determined by law.

legal term inheritance introduced into inheritance law by the Civil Code of Ukraine in 2003. Until now, the term has been used inheritance and the subject of the right to inheritance was considered “hereditary property”, and not the right to property.

There is no direct definition of inheritance, that is, “inheritance is ...” in the Civil Code.

Article 1218 of the Civil Code defines only composition of the inheritance:
“The composition of the inheritance includes all the rights and obligations that belonged to the testator at the time of the opening of the inheritance and which did not stop due to his death”.

In article 1216 of the Civil Code of Ukraine, in order to disclose the legal content of the inheritance in a broader sense, legal term "inheritance":
“Inheritance is the transfer of rights and obligations (inheritance) from an individual who has died (testator) to other persons (heirs)”.

Inheritance is a process
Inheritance is a set of rights (including property) and obligations
Inheritance is the process of assuming rights and obligations

Inheritance consists of property rights and property obligations.

The legacy includes:

  • not property, but the right to property
  • not an apartment, but the right to an apartment
  • … and so on
Market Research Survey
Registration of inheritance in Ukraine