Main points
- Minor children can inherit land in Ukraine, but the procedure has specifics, including the involvement of parents, guardians, and guardianship authorities.
- Minors under the age of 14 automatically accept inheritance, while minors between the ages of 14 and 18 can independently apply for inheritance, but refusal requires the consent of parents and guardians.
Inheritance of land to a minor / Photo Unsplash
Inheritance is the transfer of rights and obligations (inheritance) from a deceased testator to heirs. Minor children can also inherit property, although the procedure has certain peculiarities.
How does the process of inheriting a plot of land work?
Ukrainian legislation provides that the inheritance includes all rights and obligations that belonged to the testator at the time of opening the inheritance and did not cease as a result of his death, the Land Fund of Ukraine reports.
If the inheritance includes a land plot that belonged to the testator on the right of ownership or use, then the ownership of the land plot passes to the heirs on general grounds, while preserving its intended purpose.
The heirs of a residential building, other buildings and structures shall inherit the right of ownership or the right of use of the land plot on which they are located. The heirs of a residential building, other buildings and structures shall inherit the right of ownership or the right of use of the land plot necessary for their maintenance, unless its other size is determined by the will.
Who has the primary right to inheritance?
The testator's children, including those conceived during the testator's lifetime and those born after his death, the surviving spouse, and the parents, have the primary right to inherit under the law.
Parents are not entitled to inherit by law after a child in respect of whom they have been deprived of parental rights and whose rights have not been restored at the time of opening the inheritance. Parents (adoptive parents) and adult children (adopted children), as well as other persons who evaded the obligation to support the testator, are also not entitled to inherit by law.
What are the features of inheritance by minors?
A minor, an incapacitated person, as well as a person whose civil capacity is limited, are considered to have accepted the inheritance, except for the cases established by parts two to four of Article 1273 of this Code (part four of Article 1268 of the Civil Code of Ukraine).
Minor, minor, adult children of the testator who are incapable of working have the right, regardless of the content of the will, to a mandatory share (half of the share that would belong to each of them in the event of inheritance by law).
Important! The Supreme Court's resolution of November 10, 2021 in case No. 607/24365/19 made conclusions regarding the right to a mandatory share in the inheritance: “The right to a mandatory share is a subjective property right of individual heirs of the first order (Article 1261 of the Civil Code of Ukraine) to receive a certain share in the inheritance, regardless of the content of the will. Although the norms on the right to a mandatory share are placed in the chapter dedicated to inheritance by will, in essence the right to a mandatory share belongs to inheritance by law. That is, the right to a mandatory share exists only if there is a will.”
Article 6 of the Family Code of Ukraine establishes that a person has the legal status of a child until he or she reaches the age of majority; a child is considered a minor until he or she reaches the age of fourteen (Article 31 of the Civil Code of Ukraine); a child aged fourteen to eighteen is considered a minor (Article 32 of the Civil Code of Ukraine).
What are the steps to take when accepting an inheritance?
To clarify the circumstances of the acceptance of an inheritance by a minor, it is necessary to establish the facts that:
- the heir is the child of the testator,
- is a minor at the time of opening the inheritance,
- the minor has not filed an application for refusal to accept the inheritance.
Protection of the rights and legitimate interests of the child in accordance with the norms of the Family Code of Ukraine is entrusted, first of all, to the family, guardianship and trusteeship bodies, courts and other state institutions. Transactions on behalf of minors may be certified only if they are committed with the consent of the parents (adoptive parents) or guardian and with the permission of the guardianship and trusteeship body.
How is an inheritance case initiated?
An inheritance accepted by a minor (underage) child has certain specific features directly when initiating an inheritance case and when issuing a certificate of the right to inheritance. An application for acceptance of an inheritance on behalf of a minor, incapacitated person is submitted by his/her parents (adoptive parents), guardian.
As for persons who have reached the age of 14, they have the right to submit an application for acceptance of the inheritance independently and without the consent of their parents or guardian. A child is considered to have accepted the inheritance, even if at the time of the testator's death they were living separately.
Please note! A minor aged fourteen to eighteen may refuse to accept an inheritance with the consent of his/her parents (adoptive parents), guardian, and guardianship and trusteeship authority.
Parents, adoptive parents, and guardians may refuse to accept an inheritance belonging to a minor or incapacitated person only with the permission of the guardianship and trusteeship authority.
If a child is the heir after the deceased father and mother, the child may receive a certificate of the right to inheritance in the following cases: after acquiring full civil capacity (18 years old – an adult; in cases provided for by law) or after the appointment of a guardian (trustee), respectively, by the guardian (child with the consent of the guardian).
Renting without the owner's knowledge: what to do if the land was leased without your signature?
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Land lease in Ukraine is possible only by mutual consent of the parties in writing, in accordance with the Land Code of Ukraine and the Law “On Land Lease”.
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If a lease is concluded without the owner's consent or with a forged signature, such an agreement may be declared invalid, and forging a signature may constitute a criminal offense.