Circumstances, rules and conditions
Inheritance occurs in the presence of the following facts:
- death of an individual or declaration of his death;
- opening of the inheritance;
- accepting an inheritance;
- division of inheritance (if necessary);
- obtaining a Certificate of Inheritance.
By the time of the death of the testator, one can only speak so far about the possibility of an inheritance from a certain group of persons who can be considered potential heirs. Although recognition of the inheritance of individuals can be expressed in a will during the life of the testator.
An heir may be called to inherit for several reasons:
The opening of the inheritance is characterized by two main features: time opening of inheritance and place discovery of inheritance.
There are two ways to accept an inheritance:
- "automatic", in the case of cohabitation with the testator;
- by filing an application for acceptance of the inheritance.
Inheritance must end with the transfer of ownership from the testator to the heirs.
The fact of the transfer of ownership is recorded by the Certificate of the right to inheritance.
The division of the inheritance is carried out after the acceptance of the inheritance by the heirs, therefore, only the heirs who accepted the inheritance can be participants in the division transaction.
According to article 1267 of the Civil Code of Ukraine, the shares in the inheritance of each of the heirs are equal by law.
The heirs, if it concerns movable property, by oral agreement among themselves, can change the size of the share in the inheritance of each of them.
The heirs, by a written agreement between themselves, certified by a notary, if it concerns real estate or vehicles, may change the size of the share in the inheritance of each of them.
When dividing, it is imperative to remember about the heirs, who have an obligatory share.
Obtaining by the heir of the Certificate of the right to inheritance, as a general rule, is the right of the heir himself.
However, there is an exception: according to part 1 of article 1297 of the Civil Code the heir is obliged to obtain such a Certificate if he accepted the inheritance, which includes real estate.
The deadline for the mandatory receipt of the Certificate of Inheritance is not specified (in contrast to the application deadline, for which only six months are allotted). But in any case, it is advisable for the heir who accepted the inheritance to promptly obtain from the notary a Certificate of the right to inheritance.
Without a certificate, the heir may have serious difficulties in the exercise of their rights to inherited property (for example, you cannot sell an apartment). In addition, the absence of a Certificate will greatly complicate the registration of the right to inheritance already to his heirs.