Supreme Court: division (allocation) of inheritance between heirs who accepted it Division of inheritance on the basis of joint partial ownership
On February 2! 2024! the Supreme Court! as part of the panel of judges of the First Judicial Chamber of the Civil Court of Cassation! in case No. 524/8320/21! proceedings No. 61-14943св23 (EDRSRU No. 116731944)! investigated the issue of the division (allocation) of the inheritance between the heirs who accepted it on the basis of joint partial ownership.
According to Article 1216 of the Civil Code of Ukraine
Inheritance is the transfer of rights and Division of inheritance what can’t a salesperson do? 3 mistakes that affect sales obligations (inheritance) from a deceased individual (testator) to other persons (heirs).
Inheritance is carried out by will or by law (Article 1217 of the Civil Code of Ukraine).
According to Article 1218 of the Civil Code of Ukraine! the inheritance includes all rights and obligations that belonged to the testator at the time of opening the inheritance and did not cease as a result of his death.
According to the rules of Article 1223 of the Civil Code of Ukraine
The right to inheritance is vested in persons specified in the will. In the absence of a will! its invalidation! non-acceptance of the inheritance or refusal to accept it by the heirs under the will! as well as in the event that the will does not cover the entire inheritance! the right to inheritance by law is vested in persons specified in Articles 1261-1265 of this interactive with comments Code. The right to inheritance arises on the day of opening the inheritance.
An heir by will or by law has the right to accept the inheritance or not to accept it (Part One hindi directory of Article 1268 of the Civil Code of Ukraine).
(!!!) The inheritance belongs to the heirs who accepted it on the basis of joint ownership (Part Four of Article 355 of the Civil Code of Ukraine)! and therefore! when dividing it! the rules provided for in Chapter 26 of the Civil Code of Ukraine! which regulate the relations of joint ownership! apply. If an agreement on the division of the inheritance cannot be reached! then the division is carried out in court in accordance with the shares that belong to each of the heirs by law or by will. The resolution of a court dispute regarding the division of inherited property does not depend on the heirs receiving a certificate of the right to inheritance.
