What can (cannot) be inherited

According to the legislation, the inheritance includes all rights (including the right to immovable property) and obligations that belonged to the testator (deceased) at the time of opening the inheritance (day of death) and which did not cease due to his death.

Important! You can't inherit the part you like and not inherit the part you don't like. Either all or nothing is inherited. For example, one cannot inherit an apartment, but renounce a debt.

Both movable and immovable property can be inherited.

Can't inherit:

  • non-property rights;
  • the right to participate in societies and the right to participate in associations of citizens, unless otherwise provided by law or constituent documents;
  • the right to compensation for harm caused by injury or other damage to health;
  • the right to alimony;
  • the right to a pension;
  • the right to benefits or other payments established by law;
  • rights and obligations as a creditor or debtor, provided for in Article 608 of the Civil Code.

Article 608 of the Civil Code of Ukraine (Termination of obligations by the death of an individual)
1. The obligation is terminated by the death of the debtor, if it is inextricably linked with his personality and, in connection with this, cannot be performed by another person.
2. The obligation is terminated by the death of the creditor, if it is inextricably linked with the personality of the creditor.

The following duties are transferred to the successor:

  • compensation for property damage (losses) caused by the testator;
  • compensation for moral damage caused by the testator, which was awarded by the court during the life of the testator;
  • payment of a penalty (fine, penalty), which was awarded by the court in favor of the creditor during the lifetime of the testator.

The property and moral damage caused by the testator shall be compensated by the heirs within the limits of the value of the movable or immovable property that was inherited by them.

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Registration of inheritance in Ukraine