Features of inheritance by minor and underage children: what you need to know
Inheritance issues are always complex, especially when the heirs are children. That is why the Civil Code of Ukraine provides additional guarantees aimed at protecting their rights and legitimate interests. This was reminded by the Khmelnytskyi Interregional Department of the Ministry of Justice of Ukraine.
Who is considered a minor and an underage person?
A minor is a child under 14 years old, and an underage person is someone from 14 to 18 years old. Regardless of age, such persons can be heirs both by law and by will.
If inheritance occurs by law, the children of the deceased belong to the first line of heirs together with the surviving spouse and the deceased’s parents. Each of them inherits an equal share of the property.
What if there is a will?
Even if the child is not mentioned in the will, the law protects their rights. Minor and underage children have the right to a compulsory share of the inheritance. Usually, it amounts to half of the share the child would have received if inheriting by law. This is one of the important guarantees for protecting children’s rights.
Is it necessary to accept the inheritance?
Minor and underage persons are considered to have accepted the inheritance automatically unless they have refused it in the manner prescribed by law.
At the same time, an underage person who has reached 14 years of age has the right to independently submit an application to accept the inheritance without the consent of parents or guardians. On behalf of children under 14 years old, such an application is submitted by parents, adoptive parents, or guardians.
Special protection of the unborn child
The law also protects the rights of a child conceived during the lifetime of the deceased but born after their death. In this case, the issuance of the certificate of inheritance rights and the distribution of the inherited property among the heirs are carried out only after the child’s birth. This guarantees that their legal rights will be fully taken into account.
When can you receive a certificate of inheritance rights?
The certificate of inheritance rights is issued after six months from the date of opening the inheritance. It is during this period that heirs can exercise their inheritance rights.
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