Under Ukrainian law! an heir cannot accept only part of an inheritance. For example! an apartment – yes! but debts – no. This “universality” often becomes a stumbling block. My client! the heir at law! learned about her late father’s The inalienability huge debts only after accepting the inheritance. Did she have a choice? No. Refusing the inheritance meant losing the apartment! which was her only place of residence.
For comparison! in Germany! the heir has the right to declare a “limitation of liability.” This means that he accepts the inheritance! but his liability for debts is limited to the amount of the inherited property. Isn’t it time for Ukraine to adopt this experience?
International practice: where are the rights of heirs better protected?
Inheritance cases with a foreign element in Ukraine often 3 tips on how to schedule meetings by email resemble a journey through a minefield. In my The inalienability practice! there was a case when the heir had to file applications simultaneously in Ukraine and Russia. The situation was complicated by the fact that the real estate was located in Ukraine! and the bank deposits were in Russia. The Supreme Court of Ukraine! in one of the considered inheritance cases! ruled back in 2021 that the heir is not obliged to file applications in two countries simultaneously. However! in 2023! the Joint Chamber of the Civil Court of Cassation came to the opposite opinion. As a result! the heir was forced to pay considerable amounts of money for legal costs and lawyers in two jurisdictions.
In comparison! the United States applies the principle of the “domicile approach”:
the testator’s place of residence determines the law that singing songs about mother will apply to the entire inheritance! regardless of its location. This greatly simplifies the process and reduces costs for the heirs.
In many countries around the world! inheritance is also regulated by detailed regulations! but approaches to accepting inheritance differ significantly.
France : Heirs have three months to assess the state of the inheritance and decide whether hindi directory to accept it in full! renounce it! or limit liability for debts to the inherited property. This third option avoids liabilities exceeding assets.
Germany : A similar principle applies here! but the period for refusal is only six weeks (or six months if the heir lives abroad). If the heir does not act! he is considered to have accepted the inheritance with all debts.
