Hereditary issue

Question

My mother made a will a long time ago, according to which she bequeathed everything to me (a private house and a plot of land). I have an older brother who is a Canadian citizen. My mother had a verbal agreement with him that he does not need our Ukrainian property, and my brother is not mentioned in the will. At the time of my mother's death, my brother turned 67 years old, that is, he received the right to a mandatory inheritance. Question: Should my brother expel from Canada a written refusal of mandatory fate, or is it enough for him to simply not make himself known for half a year? Does it matter that he has not been a citizen of Ukraine for a long time?

Yaroslav Sikorsky · Accepted Answer

The heir can waive the right to a mandatory share in the inheritance by submitting a statement to the notary stating that he is familiar with the content of the will, the content of Article 1241 of the Civil Code of Ukraine has been explained to him and he does not claim to receive a mandatory share in the inheritance.

However, after the expiration of 6 months from the time of the opening of the inheritance, applications for refusal to accept the inheritance will not be accepted by notaries and the inheritance will be distributed among all the heirs who accepted the inheritance.

Therefore, if the heir, who has the right to a mandatory share in the inheritance, does not accept the inherited property within the period established by law (within 6 months from the day of the testator's death or the day from which he is declared dead) or refuses the inheritance, the property is inherited by the heirs according to the will .

Therefore, you can choose any option convenient for you.

Hereditary issue

1 Answers

Yaroslav Sikorsky

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