Under what circumstances the heir can be deprived of the right of inheritance

IN 2018 year, according to the legislation of Ukraine, it is possible to refuse the right to inheritance at the will of the testator in case of violation of the law by the heir.

so, if by will you must pass apartment in Odessa, it is worth remembering, that the testator can deprive you of your inheritance or restrict your use.

As indicated in Article 1233 of the Civil Code of Ukraine, in the will, the testator expresses his will and will in the event of his death, distributing their property and rights to it among the heirs. The author of the will is obliged to register it with a notary to give it legal force. Moreover, the will, which was registered, gets its own account in the Legacy Registry. The testator may further make changes, however, all these edits must also be registered with a notary.

Article 1235 Civil Code of Ukraine defines the principles of drawing up / changing a will:

1. Any number of people can be heirs. At the same time, family ties and civil relations have no influence..

2. The testator may delete from the previously drawn up list of heirs of any, without giving reasons.

3. Any changes do not limit the inheritance rights of those people, who are entitled to inheritance.

4. Human inheritance rights, whom the testator voluntarily deprived of his inheritance, lost in that case, if this person died before the opening of the inheritance. However, the children of the deceased heir can claim his share on a general basis..

What are the grounds for deprivation of inheritance (article 1224 GKU):

1. If the applicants for the inheritance deliberately deprived of life or attempted the life of the testator or another potential heir.

2. If a fact was recorded, when, pursuing their interests, the testator was prevented from drawing up a will or making amendments to it.

3. If parents were at one time deprived of parental rights, then the parents subsequently do not have the right to inherit, if the will was not drawn up earlier or the sanction for deprivation of parental rights was not lifted before the opening of the inheritance.

4. If the heirs did not care enough about the testator. And these circumstances were proven in court.

5. If the marriage between spouses was previously declared invalid, then the spouses are not able to inherit one after the other. but, if the spouses were not aware of possible obstacles to marriage, and this has also been proven in court, then the surviving spouse has the ability to claim the property, shared with a deceased person.

6. According to the law, people cannot claim an inheritance without a will, if it is proved by the court, that they did not help the testator in case of illness or old age.