Who Inherits the Estate if the Legal Heir Dies Before Its Opening
Not always does the inheritance go to the relative who would have inherited the property by law. If a potential heir dies before the opening of the inheritance, the law provides a special mechanism that allows their closest relatives to inherit the share due to them.
This concerns inheritance by right of representation, which ensures the preservation of the order of succession and protects the property rights of subsequent generations.
Who Can Inherit by Right of Representation
Inheritance by right of representation applies when a person who would have been an heir by law dies before the inheritance is opened. In such a case, their place is taken by relatives defined by law.
At the same time, the right of representation does not create a new right to inheritance. The person inheriting under this mechanism effectively takes the place of the deceased heir and receives exactly the share that the heir would have inherited if they had been alive at the time of the inheritance opening.
The following may inherit by right of representation:
- grandchildren and great-grandchildren of the decedent — the share that would have belonged by law to their mother, father, grandmother, or grandfather;
- great-grandmother and great-grandfather of the decedent — the share that would have belonged to their children (the decedent's grandmother or grandfather);
- nieces and nephews of the decedent — the share that would have belonged to their mother or father (the decedent's sister or brother);
- first cousins of the decedent — the share that would have belonged to their mother or father (the decedent's aunt or uncle).
If several persons inherit by right of representation, the share of the deceased relative is divided equally among them.
Moreover, in the direct descending line — for children, grandchildren, and great-grandchildren — the right of representation applies without limitation of degree of kinship.
Cases When the Right of Representation Does Not Apply
The right of representation is not a universal mechanism and is not used in all inheritance cases.
It does not apply if:
- a person voluntarily renounced the inheritance;
- the heir was disqualified from the right to inherit;
- the inheritance is transferred by will, since in this case the decedent's will is decisive, not the legally established order of succession.
Exception for Adopted Persons
The law also provides a special exception emphasized by the Ministry of Justice. If a court decision on adoption preserves the legal connection between the adopted person and their biological grandmother or grandfather, then after their death, the adopted person also has the right to inherit by right of representation.
Subscribe to our Telegram channel t.me/sudua and to Google News SUD.UA, as well as to our VIBER and WhatsApp, our pages on Facebook and Instagram to stay informed about the most important events.
