Mandatory share in inheritance: who owns half of the property regardless of the will

The topic of inheritance often causes disputes among relatives. To protect the rights of the most vulnerable family members, legislation provides for a mechanism of mandatory share, which belongs to them regardless of the testator's will.

Ukrainian legislation provides for two main mechanisms of inheritance – by will and by law. Currently, the law guarantees the right to a mandatory share for those categories of heirs who, due to age or health condition, cannot independently provide for their life.

According to Article 1241 of the Civil Code of Ukraine, the mandatory share is claimed by minor and underage children of the testator, his adult incapacitated children, incapacitated widow or widower, as well as incapacitated parents. They receive half of the share that would belong to them in case of inheritance by law.

The mandatory share may include various assets, such as household items, testamentary bequests, and property rights. However, courts have the right to reduce its size in cases where they take into account the specifics of the relationship between the testator and the heir or other important circumstances.

Lawyers emphasize the importance of the mandatory share norm

This norm is aimed at preventing the complete exclusion from the circle of heirs of those who are most in need of protection in complex inheritance situations.

Clarify that the mandatory share of inheritance guarantees the rights of the most vulnerable family members regardless of the testator's will, preventing their complete exclusion from this procedure.