Hereditary transmission - a situation when the heir died after the inheritance had already opened, but did not have time to accept it within the period established by law.
* the date and the term "opening of the inheritance" mean the date and fact of the death of the testator
In such cases, in accordance with Article 1276 of the Civil Code of Ukraine, there is principle of hereditary transmission - the right to accept the inheritance to the heirs of the heir who died.
For cases of hereditary transmission, the term for accepting the inheritance (six months) is increased by another three months if less than three months remain after the death of the heir.
Hereditary transmission occurs in the following cases:
- death of the heir after the opening of the inheritance;
- non-acceptance of the inheritance by the heir in connection with his death;
- the heir has the right to accept the share of the inheritance due to the deceased.
* in accordance with part 1 of Article 1276 of the Civil Code of Ukraine, the transfer of the right to accept an inheritance through hereditary transmission does not apply to obligatory share in the inheritance