In a world where millions of Ukrainians were forced to go abroad because of the war, the question of inheriting property that remained outside of Ukraine took on a new meaning. It became not just a legal formality, but a real test, combining emotional loss, bureaucratic labyrinths and financial responsibility. What to do if you are a citizen of Ukraine, but learned about heritage in Canada, Germany or Italy? Are you entitled to this inheritance? How to prove kinship? How much will you have to pay in taxes? And what if you have debts instead of property?
Is it possible for a Ukrainian to inherit property abroad?
Citizenship usually does not limit the right to inheritance. For most countries, the main thing is not the nationality of the heir, but compliance with the law: the presence of a will or the right to inherit under the law, confirmed kinship, the absence of other heirs of higher priority.
For example, even if your relative died in the US or Spain, you may well claim their property – provided you can document your right.
It is worth remembering that in different states there are different systems of succession of heirs. If in France the state receives inheritance only in the absence of all relatives, then in Spain the sequence is very strict. There you can’t just transfer all the property to God, bypassing the son or mother.
Will or law: what governs inheritance
In situations where a will has been left, the procedure is greatly simplified. But only on the condition that this will meets the requirements of the country in which it was drawn up. If the document is Ukrainian, it must be translated, notarized and legalized or apostilled. Some countries, such as Italy or France, recognize only those wills that are entered in a special state register.
If there is no will, the national legislation of the state where the deceased lived, and not where he was a citizen, comes into force. This is an important point: a person could be Ukrainian, but have lived in the Netherlands for the last few years, so Dutch law will be decisive.
What to do after the news about inheritance
After you have learned of the death of a relative, it is important to act promptly. In almost every country, there is a fixed deadline for opening an inheritance case or filing an application. For example, in Germany – only six weeks if you live in this country, and up to six months – if you are abroad. In Spain, it takes six months to submit an inheritance tax return. And in Italy, although it is formally ten years, it is better to invest in the first year to reduce tax liabilities.
Main actions:
- Obtain a death certificate.
- Submit an application for acceptance of inheritance to the court or notary (depending on the legislation).
- Collect all evidence of kinship.
- To engage a lawyer in the country where the inheritance takes place is indispensable in many cases.
What documents will have to be collected
The list varies by jurisdiction, but in general you will need:
- death certificate of the person who left the inheritance;
- passport of the heir;
- documents confirming kinship (birth, marriage, name change certificates);
- notarized power of attorney (if a representative is acting);
- translations with apostille or consular legalization;
- application for acceptance of inheritance.
These documents must be drawn up in accordance with the requirements of a specific country, and sometimes duplicated in its official language.
Will you have to pay taxes?
Taxes will have to be paid, and in some places they are considerable. Rates vary not only between countries, but also within them (as in the case of Spain or Italy, where tax regimes depend on the region). For example, in Germany the tax can reach 50% if you are not a relative. In France, for distant relatives – up to 45%, and for the closest – much less. In Poland, there is zero tax for family members, provided that formal deadlines are met. In Spain, the scale is progressive: the higher the amount, the higher the percentage. In some cases, the tax assessment exceeds the market value of the property.
Therefore, it is wisest to contact a local tax consultant even before opening an inheritance case.
Pitfalls that can destroy everything
One of the most common problems is property located in different countries. In this case, the inheritance case is opened separately in each of them, according to local rules. Another problem is disputes with other relatives, especially if there is no will or it can be contested.
Ukrainian documents, even valid and translated ones, are not always automatically recognized by foreign notaries. In some countries, a formal approach is practiced — without an apostille or legalization, no certificate will be recognized.
Finally, it should be taken into account that in some countries acceptance of inheritance is automatic. If you did not refuse in time, you are already an heir, with all the pros and cons, including debts.
In the case of inheritance within the European Union, Regulation No. 650/2012 applies. It allows you to issue a European certificate of heir, which is recognized in all EU countries. In addition, the legislation of the country where the deceased lived is considered decisive, even if his property is in several countries.
When should you refuse an inheritance?
Although it may sound strange, in some cases refusal is the only logical solution. For example, when the inheritance includes large debts rather than assets. Or if the cost of notarial registration, taxes and court costs exceeds the real value of the property. To do this, you should submit an official application for refusal – and do it within the allowed period.
What can be done now
Even if you do not expect any inheritance, it is worth taking care of a few things in advance:
- collect all documents that confirm your family ties with foreign relatives;
- find out if a will has been left;
- find in advance the contacts of a lawyer or notary in the country where the inheritance may potentially take place;
- explain to relatives the importance of formalizing a will, if they have the opportunity.
A world without borders actually retains many legal barriers, but they can be overcome if you are prepared—informed, determined, and legally prudent. Heritage is not only an asset, but also a liability. However, with the right approach, it can become your legal right, rather than an endless struggle with bureaucracy.
