Inheritance Without Confusion: What Is the Right of Representation and What Is Hereditary Transmission

The Ministry of Justice has published clarifications regarding two important inheritance mechanisms — the right of representation and hereditary transmission. Both apply in cases where an heir dies, but the circumstances of their death affect who ultimately receives the inheritance.

Inheritance in Ukraine may take place either by will or by law. If there is no will, if it is invalid, or if it does not cover all property, the estate passes to relatives in the order of priority established by law. Complications arise when an heir dies before the inheritance is opened or after it has been opened but before accepting it.

Inheritance by the Right of Representation

This is a mechanism under which the descendants of a deceased heir “step into” their place and receive the share that the heir would have inherited if they were alive. This procedure applies only to inheritance by law.

According to Article 1266 of the Civil Code of Ukraine, the right of representation applies to:

• Grandchildren and great-grandchildren — in place of the deceased children or grandchildren of the decedent;
• Great-grandparents — in place of their children, if those children were heirs;
• Nephews and nieces — in place of the decedent’s brothers or sisters;
• First cousins — in place of the decedent’s aunts and uncles.

If there are several such persons, they divide the deceased heir’s share equally. This right applies without limitation on the degree of kinship along the direct descending line.

Hereditary Transmission

Hereditary transmission arises when an heir dies after the inheritance has been opened but before accepting it. In this case, the right to accept the inheritance passes to the heirs of the deceased heir, whether by law or by will.

The period for accepting the inheritance equals the remaining portion of the general six-month period. If less than three months remain, the term is automatically extended to a minimum of three months.

Key Differences

1. Grounds for Application

• Right of representation — applies only to inheritance by law.
• Hereditary transmission — applies to inheritance both by law and by will.

2. Time of the Heir’s Death

• Right of representation — the heir died before the inheritance was opened.
• Hereditary transmission — the heir died after the inheritance was opened and did not have time to accept it.

3. Circle of Heirs

• Right of representation — only the decedent’s relatives defined by law.
• Hereditary transmission — the heirs of the deceased heir, including persons who may have no family relationship with the original decedent, if provided for by a will.

If you have further questions or need clarification or legal consultation, please contact the lawyers of the«Strategic Advocacy» Law Association.