Want to keep the car for yourself and give the land to a relative: does the law allow dividing inheritance at your own discretion

After the death of a loved one, heirs often face the question of how to distribute the inherited property among relatives. Situations frequently arise when one of the heirs wants to keep only certain property for themselves and transfer the rest to another family member. However, the legislation sets clear rules regarding the acceptance of inheritance: it is impossible to receive only part of the inherited property and simultaneously refuse the rest. At the same time, there is a legal mechanism that allows heirs to agree on the division of property after the inheritance has been formalized.

Is it possible to accept only part of the inheritance

After the death of a son, a car and a land share remained. Can an heir refuse the land plot in favor of an adult grandson and at the same time inherit the car if there are no other heirs? This question often arises during the inheritance process.

According to the legislation, an heir by will or by law has the right either to accept the inheritance or to refuse it.

An heir who permanently lived with the decedent at the time of the opening of the inheritance is considered to have accepted it automatically if they did not submit a statement of refusal within six months from the date of the decedent's death.

At the same time, refusal to accept the inheritance is unconditional and irrevocable. This means that an heir cannot accept only certain objects of the inherited property while refusing others. In other words, the law does not allow accepting the car and at the same time refusing the land share.

However, refusal of inheritance can be revoked within the period established for its acceptance according to Article 1270 of the Civil Code of Ukraine.

How heirs can divide property among themselves

The law provides another mechanism for the distribution of inherited property.

The shares of each heir in the inheritance by will are equal unless the testator specified a different order of property distribution in the will. Each heir has the right to receive their share in kind.

In addition, heirs may change the size of their shares in the inheritance by mutual agreement. If it concerns real estate or vehicles, such an agreement must be formalized by a written agreement and notarized.

Thus, if the heirs reach an agreement on the division of the inherited property, they have the right to conclude the corresponding inheritance division agreement.

What can be the subject of the inheritance division agreement

The subject of such an agreement is all inherited property included in the inheritance.

It includes all things, rights, and obligations that belonged to the decedent at the time of the opening of the inheritance and did not cease due to their death.

Regarding the form, such an agreement must be concluded in writing and notarized.

What to do in the case of the car and the land share

So, if after the son's death the only heirs are the mother and the grandson, they cannot divide the inheritance by partially accepting or partially refusing it.

However, after accepting the inheritance, with mutual consent, they have the right to conclude a notarized agreement on the division of the inheritance on the terms they determine. In this case, the land share may pass to the grandson, and the car to the mother, if this is the distribution both parties desire.

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