Dividing inherited property when there are multiple heirs often encounters significant difficulties. Even with a will, it is not always possible to clearly define each heir’s share. It is also frequently necessary to consider individuals entitled to a compulsory share of the inheritance.
If you need a calculation and determination of your share in inherited property, we recommend seeking help from experienced lawyers, such as those at the Lawyers and Realtors Association of Ukraine (AROU).
Our experts are ready to explain all the legal aspects of your situation and propose solutions both pre-trial and in court. Based on our experience, we always take into account not only objective legal norms but also the personal relationships between heirs, which helps find the best resolution in inheritance matters.
Whether the inheritance is by law or by will, there is always the possibility of changing the size of the shares in the inherited property. With the consent of the heirs, a written agreement can be concluded, which must be notarized according to Part 3 of Article 1267 of the Civil Code of Ukraine.
However, the judicial process often requires significant effort and resources, so a lawyer can facilitate reaching a compromise among the heirs. An increase or decrease in shares of the inherited property can occur without agreements between the heirs or court decisions.
Listed below are circumstances in which an increase in the heirs’ shares in the inheritance is possible:
- One of the heirs renounces the inheritance in favor of another heir.
- One of the heirs does not accept the inheritance.
- The will is declared invalid, which can lead to the division of property according to an earlier will or by law.
- One of the heirs is declared unworthy and deprived of the right to inheritance.
In the above circumstances, the principle of increasing inheritance shares applies, meaning the redistribution of shares initially assigned to other heirs.
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Heirs often go to court to determine their shares in the inherited property for various reasons, and these issues can be diverse. Such situations frequently arise in connection with the common property of spouses, especially if the deceased was married.
Determining shares in inheritance through the court often occurs when heirs contest the allocation of a compulsory share in a will. The law requires that heirs entitled to a compulsory share receive at least 50% of the share they would be entitled to if there were no will.
In cases of determining the heirs’ shares through the court, a lawyer acts in the client’s interest, particularly in such situations and many others. Effective argumentation and the selection of documents significantly increase the chances of success. Our team is ready to help resolve your case to your maximum benefit.
