Which is better: a will or an inheritance?

The issue of inheritance arises sooner or later in most families. It is often put off until there is a real need. And that is a mistake. The lack of a clear plan leads to disputes and a loss of control over assets. There are two basic options: a will or intestate succession. Both work, but they produce different results.

What is the difference between a will and intestate succession?

A will is a person’s last wishes, set out in writing. It specifies who will receive what after their death. Inheritance by law applies when there is no will. In this case, the order of succession applies. The difference is as follows:

• a will is a personal decision;
• the law is the standard procedure laid down by the state.

When property passes to heirs without a will

If there is no will, the property is inherited by first-degree relatives:

• children;
• husband or wife;
• parents.

If there are none, the next order of succession applies. The estate is distributed in shares.

Advantages of a will

A will gives you control over your future estate. This is the main reason for drawing one up.

The ability to choose your own heirs

You can:

• bequeath your estate to any person;
• allocate shares unevenly;
• exclude certain relatives (within the limits of the law).

This allows you to avoid automatic distribution according to order of succession.

Reducing the risk of disputes between relatives

A clear document reduces conflicts. Everyone can see their share. There is less room for interpretation.

Disadvantages and risks of a will

A will does not guarantee complete protection against disputes. This is because there are nuances.

Mandatory share of the estate

The law protects certain categories of heirs. They are entitled to a share regardless of the contents of the will. These are:

• minor children;
• relatives who are unable to work.

Challenging a will in court

A will can be challenged. The most common reasons are:

• doubts about legal capacity;
• pressure or undue influence;
• errors in the drafting.

When might intestate succession be the better option?

Sometimes the absence of a will does not cause problems. After all, the law clearly defines the procedure. This reduces subjectivity. Disputes arise less frequently when the circle of heirs is clear.

Typical situations without a will

Intestate succession applies when:

• the family structure is simple;
• the estate is modest;
• there are no conflicts between relatives.

How to draw up a will correctly?

A will is legally valid only if it complies with the required form. The main requirements are:

• written form;
• the testator’s signature;
• notarisation;
• clear wording without ambiguities.

How can you avoid mistakes when drawing up a will?

The most common mistakes are:

• vague description of assets;
• lack of up-to-date information;
• contradictory wording.

This can lead to disputes amongst the heirs.

How to choose the best option for your family?

The decision depends on the structure of your assets and family relationships. You need to consider:

• the number of heirs;
• the composition of your assets;
• the risk of disputes and conflicts.

The more complex the situation, the more important a will is.

Consulting a solicitor before drawing up the documents

When making an important decision regarding assets, a solicitor can help you:

• assess the risks;
• choose the appropriate form of succession;
• draw up the documents correctly.

When to draw up a will, and when intestate succession is sufficient

A will is necessary when it is important to control the distribution of assets. Intestate succession is suitable for straightforward family situations without conflicts. The decision depends on the specific situation. In complex cases, it is advisable to consult a solicitor before finalising the documents.

So, if you need help with inheritance, do not put off dealing with the issue. The solicitors at Svarog will help you assess the situation, draw up a will or handle your inheritance case. We deal with documents, disputes and legal proceedings.

Consulting a specialist reduces the risk of errors and conflicts between heirs.

Questions and Answers

Which is better: a will or intestate succession?

It depends on the situation. A will gives you more control; intestate succession follows the standard procedure.

How does a will differ from intestate succession?

A will sets out a person’s wishes. Intestate succession applies if there is no will.

Who inherits the estate if there is no will?

First-order heirs: children, husband or wife, parents.

Can a will be contested after the testator’s death?

Yes, through the courts, provided there are grounds for doing so.

What is a compulsory share of the estate?

It is the portion of the estate that certain heirs are entitled to receive regardless of the will.

How do you draw up a will correctly in Ukraine?

In writing, notarised and with a clear description of the assets.

When should you seek legal advice on inheritance matters?

When there are assets involved, several heirs or a risk of disputes.