Inheritance in Ukraine
Cross-border succession usually belongs to high complexity cases. So when a foreigner wants to get inheritance in Ukraine from a deceased Ukrainian citizen or a foreign one who passed away in our country, it is almost always necessary to have a lawyer who specializes in inheritance matters. It becomes especially important when a beneficiary who is a citizen of foreign country inherits property that cannot be legally owned by a non-resident (like agricultural land) or when heir may face double taxation which means that he, as a beneficiary, will have to pay inheritance tax in Ukraine as well as in the country of his residency/citizenship. These are just a few legal issues that a foreign citizen may face when trying to inherit real property, personal property, money, etc. in Ukraine but it becomes obvious that legal counsel who can fully support the entire process would make everything much easier and faster.
- Provide legal advices regarding succession in Ukraine including issues related to taxation of inheritance, selling of inherited property, etc;
- Draft last will and testament in Ukraine;
- Organize valuation of property (property valuation, real estate appraisal) for the purposes of payment of inheritance tax in Ukraine, sale of property, etc;
- Prepare all the necessary documents;
- Provide legal support of all the procedures;
- Advise on customs regulations and help with customs procedures if it is necessary to move the inherited property across the border;
- Provide other related legal services.
Disposal of deceased person’s property is a long and at times complicated process that is regulated mainly by the Civil code of Ukraine.
According to the inheritance regulations the property can be distributed either based on will (testament) or based on provisions of the law if no will was made or it was declared invalid.
The last will and testament can be made by a person who is of legal age and has appropriate mental capacity.
The will must be made in written form and signed by the testator himself. Also it is subject to notarization by a notary or certification by certain categories of officials in accordance with the law. Failure to formalize the will in accordance with all the requirements of the law results in its nullity.
The Civil code provides that the inheritance includes all rights as well as responsibilities of testator that belonged to him as of the moment of his death except for the rights and obligations that came to an end upon death of such person as well as some other rights/obligations provided by the laws of Ukraine.
Based on a will it is possible to pass your property not only to your relatives but also to other individuals as well as legal entities. When speaking of belongings of a deceased person who left no will, such property can be distributed only among relatives.
While providing legal services in this field we closely cooperate with notaries (both private and public), appraisers (valuators) of property, medical institutions and governmental authorities that are in charge of different stages of succession process.
If you have any questions regarding your inheritance case that is related to Ukrainian jurisdiction fell free to contact office of our law firm in Kiev.