No one would call the prerequisites for receiving an inheritance joyful, so we won't be either, but we'll get straight to the point. In one of the previous materials, we already talked about when you can submit for rent real estate acquired under a will. This time we offer to move to more serious artillery - to sale. If in the case of a lease it will be possible to resolve the misunderstanding quite simply (return the money to the tenant and give him time to move out), then with the sale there may be much more complications, which will affect not only the owner and the buyer, but also other possible applicants for the property. Let's try to figure out the main points together to avoid trouble.
What the heir can claim
If you were named in the will, you have the right to consider yourself a legal heir. However, in order to confirm this right, it was enough to simply listen to the last will of your loved one. Within six months after the death of the testator, you will have to take care of the proper execution of all documents and the subsequent entry into the inheritance. You can get detailed instructions and help with solving all questions directly from the notary who was entrusted with the responsibility for making the will public. Therefore, you should remember that just having a will and being aware of it does not mean that you:
- you automatically inherit;
- you are guaranteed to receive an inheritance.
The last point needs special attention. It can refer not only to the fact that relatives who are dissatisfied with their position want to challenge your right to property, but also to such a concept as a mandatory share in the inheritance. Its essence is well described in Art. 1241 of the Civil Code of Ukraine and boils down to the fact that:
"Minors, minors, adult incapacitated children of the testator, incapacitated widow (widower) and incapacitated parents inherit, regardless of the content of the will, half of the share that would belong to each of them in case of inheritance by law (mandatory share)."
That is, the specified categories of persons receive their mandatory share even if the testator himself indicated you as the only claimant to the property in the will. It is clear that under such conditions you will no longer be the sole owner of the square meters, and therefore you do not have the right to dispose of them alone.
What should a buyer of real estate received under a will beware of?
All pains and problems of the buyer stem from the previous section and boil down to a thorough inspection of documents. Yes, you should pay special attention to:
- existence of a will and compliance with its terms;
- inheritance documents;
- the presence of applicants for a mandatory share in the inheritance.
The fact of the presence of potential applicants or official co-owners of the property does not put an end to the sale agreement. The seller must prepare in advance and properly issue the co-owners' consent to the real estate transaction. This ensures that the buyer will not have any legal, legal or financial problems later on. We advise you not to play with fate once again - if you want to buy an apartment, contact specialists in this matter. We will select a reliable option at an attractive price.
