Right of representation

The right of representation exists only when the heir predeceased the testator.

Article 1266 of the Civil Code of Ukraine limits the circle of heirs by right of representation. Such heirs are "reserve", possible heirs. They inherit that part of the inheritance that would have belonged by law to their relatives if they were alive at the time of the opening of the inheritance.

1. The grandchildren, great-grandchildren of the testator shall inherit that share of the inheritance that, according to the law, would have belonged to their mother, father, grandmother, grandfather, if they were alive at the time of opening the inheritance.
2. Great-grandmother, great-grandfather inherit that share of the inheritance, which by law would have belonged to their children (grandmother, grandfather of the testator), if they were alive at the time of opening the inheritance.
3. The nephews of the testator shall inherit that share of the inheritance that, according to the law, would have belonged to their mother, father (sister, brother of the testator), if they were alive at the time of opening the inheritance.
4. Cousins and sisters of the testator shall inherit that share of the inheritance, which, according to the law, would have belonged to their mother, father (aunt, uncle of the testator), if they were alive at the time of opening the inheritance.

In any case of inheritance by right of representation, the share of the deceased relative is divided equally, regardless of the number of heirs.

In case of inheritance in a direct descending line, the right of representation is valid without restrictions.