What is inheritance by right of representation?

Inheritance by right of representation is understood as a special procedure for calling for the inheritance of legal heirs (and some other persons), when one person, in the event of the death of another person who is an heir by law, allegedly takes his place before the opening of the inheritance and acquires the right to inherit that share in inherited property, which the deceased heir would have received if he had been alive at the time of the opening of the inheritance.

In accordance with Article 1266 of the Civil Code of Ukraine, the following specific order of inheritance is established:

1. The testator's grandchildren and great-grandchildren inherit the share of the inheritance that would have belonged to their mother, father, grandmother, and grandfather by law if they had been alive at the time the inheritance was opened.

2. Great-grandparents inherit the share of the inheritance that would have belonged to their children (the testator's grandparents) if they had been alive at the time the inheritance was opened.

3. The testator's nephews inherit the share of the inheritance that would have belonged by law to their mother, father (testator's sister, brother), if they had been alive at the time of the opening of the inheritance.

4. Cousins of the testator shall inherit the share of the inheritance that would have belonged by law to their mother, father (aunt, uncle of the testator), if they were alive at the time of the opening of the inheritance.

5. If inheritance by right of representation is carried out by several persons, the share of their deceased relative is divided equally between them.