Can a person who has been excluded from the will still receive a share of the…?

The testator can deprive any person from among the legal heirs of the right to inheritance without specifying the reasons. In this case, this person cannot receive the right to inheritance.

However, the legislation of Ukraine contains an exception aimed at limiting the freedom of expression of the testator's will. We are talking about the involvement of heirs who are guaranteed a mandatory share in the inheritance.

The testator cannot deprive the right to inheritance of persons who have the right to a mandatory share in the inheritance.

According to Art. 1241 of the Civil Code of Ukraine, minors, minors, adult disabled children of the testator, disabled widow (widower) and disabled parents inherit, regardless of the content of the will, half of the share that would belong to each of them in case of inheritance by law (mandatory share) .

The size of the mandatory share in the inheritance may be reduced by the court, taking into account the relationship between these heirs and the testator, as well as other circumstances that are of significant importance.

The mandatory share in the inheritance includes the value of things of ordinary household furnishings and use, the value of the testamentary refusal established in favor of the person entitled to the mandatory share, as well as the value of other things and property rights that passed to her as an heir .

Any restrictions and encumbrances established in the will for an heir who is entitled to a mandatory share in the inheritance are valid only for that part of the inheritance that exceeds his mandatory share.