Disqualification from inheritance rights

Exclusion from the right to inherit is a legal mechanism that prevents a person from receiving an inheritance when grounds expressly provided by law are present. In Ukraine, these grounds are primarily defined by Article 1224 of the Civil Code of Ukraine.

Disputes most often arise when one heir considers another “unworthy” due to unlawful actions, pressure on the testator, or deliberate evasion of the necessary assistance. It is important to understand that courts evaluate facts and evidence—not emotions.

This article explains in which cases exclusion is possible, what evidence is usually required, what the court procedure looks like, and what happens to the inheritance after an heir is excluded.

What is exclusion from the right to inherit

Legal definition

Exclusion is the deprivation of a person’s right to inherit (primarily under intestacy rules, and in some cases under a will) due to circumstances specified in Article 1224 of the Civil Code of Ukraine. In essence, the law “removes” such an heir from the distribution of the estate.

IIn practice, this means a notary cannot simply disregard an heir—proper documents or a court decision are required. If rights have already been formalized (a certificate issued, property registered), exclusion is often combined with claims to invalidate such documents and return the property to the estate.

Difference from disinheritance under a will

Disinheritance (or failing to name a person as a beneficiary) in a will is the testator’s will: they themselves decide to whom to leave the property. Exclusion is a consequence that arises due to statutory grounds (e.g., an attempt on life, obstructing a will, evading assistance to a helpless testator) and applies regardless of how the parties view their relationship.

Another important nuance: if a will exists, it does not always “save” an heir from exclusion. If the grounds of Article 1224 are present, the court may deprive the right to inherit even the person named in the will.

Legislative framework for exclusion from the right to inherit

Article 1224 of the Civil Code of Ukraine

Article 1224 of the CCU sets out the grounds on which a person has no right to inherit and separately defines situations determined by the court. It covers both actions related to attempts on life and behavior that violates duties toward the testator.

For some grounds, the presence of procedural documents (for example, judgments in criminal cases) is sufficient, whereas for others it is necessary to prove facts in civil proceedings: to collect medical documents, witness statements, evidence of awareness and ability to assist, etc.

The role of other inheritance law norms

In practice, exclusion affects the order and shares of heirs, so it is applied together with norms on acceptance of inheritance, deadlines for submitting applications, formalization of inheritance rights with a notary, the right of representation, hereditary transmission, and other rules of Book Six of the CCU.

These norms answer the questions: who inherits instead of the excluded person, how shares change, and what to do if the property has already been divided or partially disposed of.

The role of court decisions in establishing the fact

The notary does not resolve the dispute on the merits. If the ground for exclusion is disputed or requires an assessment of evidence, the decision is made by the court; it then serves as the basis for redistribution of the inheritance and, if necessary, for cancellation of rights already formalized.

In inheritance disputes, court decisions often have a “chain” effect: after exclusion, separate decisions/actions may be needed to invalidate a certificate, cancel registry entries, and recover property from the actual holder.

Grounds for exclusion from the right to inherit

Intentional deprivation of the testator’s or another heir’s life

A person has no right to inherit if they intentionally killed the testator or another potential heir, or attempted to do so. This prevents a situation where an heir gains a financial benefit from a crime.

An exception is possible when the testator, knowing about the attempt, nevertheless appointed such a person as an heir in a will. In practice, the key is to prove intent and involvement: without proper procedural documents, such disputes are rarely resolved.

Obstructing the drafting/modification/revocation of a will

The ground is intentional obstruction of the testator in drafting, changing, or revoking a will if such actions resulted in the person acquiring the right to inherit by the guilty person or increased their share. In court, both the fact of influence/pressure and the material result of these actions are proven.

In practice, “obstruction” may take various forms: isolating the testator, blocking access to a notary, psychological pressure, manipulation against the backdrop of illness, concealing documents or information, deliberately misleading as to the content of a future will. Such cases often rely on a combination of indirect evidence.

Evasion of providing assistance to a testator in need

By a court decision, an heir may be excluded if they evaded assisting the testator who, due to age, serious illness, or injury, was in a helpless state. This concerns situations where a person objectively needed outside care, support, household help, or assistance with treatment.

The court assesses the totality of conditions: helplessness and need for assistance, the heir’s real ability to help, and intentional evasion. It is also important to prove that the defendant knew (or should have known) about the testator’s condition but deliberately failed to take necessary actions. This is why medical documents and proof of awareness are decisive in such cases.

Invalid marriage or other statutory grounds under the CCU

Spouses do not inherit from each other by operation of law if their marriage has been declared invalid. Article 1224 also covers certain cases related to deprivation of parental rights and evasion of the duty to support the testator when this has been established by the court.

In practice, these grounds require verification of family-law documents (a court decision on invalidity of marriage, a decision on deprivation of parental rights, etc.) and the correct determination of whether such a circumstance affects inheritance by law only or also inheritance under a will.

Procedure for applying exclusion from the right to inherit

Who can file a lawsuit and when

Claims are usually filed by other heirs whose rights are infringed by the defendant’s participation in the inheritance. For example, when the defendant claims a share, obtains a certificate from a notary, or has already registered title to inherited property.

It is advisable to file a claim as soon as grounds and evidence appear: delays increase the risks of property disposal, complicate retrieval of documents, and reduce the quality of the evidence base (witnesses change testimony, documents are lost).

Preparing and filing a claim (evidence, deadlines, relief sought)

Preparing a claim in cases of exclusion from inheritance typically involves three elements: ground → relief sought → evidence.

1. Ground. First, clearly identify the specific provision of Article 1224 CCU you rely on (intentional acts against the testator/heir, obstructing a will, evading assistance to a helpless testator, etc.). Without the correct ground, the court will not “connect” the facts to the law.
2. Relief. The claim usually seeks to exclude a person from the right to inherit, and if the inheritance has already been formalized—adds claims regarding consequences (e.g., invalidation of the certificate of inheritance, cancellation of title registration). At this stage, it is important to choose the correct remedy: sometimes, instead of exclusion (or alongside it), you may need to challenge an inheritance contract.
3. Evidence. The court assesses documents and facts: medical certificates/records (for “helpless state”), proof of care and expenses, certificates, correspondence, witnesses, case materials/judgments—depending on the ground.

Deadlines depend on the specific claims and the moment when you learned (or should have learned) about the infringement, so they are calculated individually for your situation.

Court decision and consequences for the inheritance

After exclusion, the defendant loses the right to a share in the inheritance, and the shares of other heirs are recalculated. The notary or the court (depending on the stage) takes exclusion into account when formalizing inheritance rights.

If property has already been registered to the excluded person, additional steps are usually required: cancel the certificate of inheritance, invalidate/cancel entries in state registers, and recover the property. That is why it is important to plan the claim from the outset so that the judgment is enforceable.

Evidence and requirements for exclusion

Case law on evasion of duties

In cases of evasion of assistance, courts emphasize that exclusion is an extreme measure applied only when the necessary conditions are present in aggregate. Therefore, it is insufficient for the claimant to prove that they “helped more” or that the defendant “rarely visited.”

Courts analyze whether the testator was in a helpless state; whether they truly needed outside assistance; whether the defendant had the ability to help; whether they were aware of this duty; and whether there are signs of intentional avoidance. If even one link is not proven, the claim may be denied.

What evidence is considered admissible

The most persuasive evidence is documentary and official: medical records/certificates, discharge summaries, treatment and care prescriptions, disability documents, certificates from social services, confirmation of hospitalizations and the need for outside care.

Also important is proof of actual care and expenses: receipts for medicines, payment slips, bank statements, contracts with caregivers. To prove the defendant’s awareness—correspondence, messages, call logs (where available and admissible), relatives’ requests, as well as testimony of medical staff or neighbors. Witnesses may supplement documents but rarely replace them entirely.

Typical legal pitfalls

Typical mistakes include substituting legal criteria with emotions, a weak medical record in cases of helplessness, incorrect defendants/claims, and delays in gathering evidence. Another frequent risk is when the claimant seeks only “exclusion” but does not assert the claims necessary to cancel rights already formalized to property.

Another problem is misinterpreting a “helpless state”: it must be confirmed by objective data. For example, the mere fact of old age without proof of need for outside assistance is not always sufficient.

Consequences of exclusion from the right to inherit

Loss of the right to inherit

The excluded person loses the right to inherit within the limits defined by law and the court decision and should not receive estate property. If a will is involved, the court evaluates whether the ground for exclusion extends to the testamentary heir in the specific situation.

How the estate is redistributed

The share of the excluded heir passes to other heirs in accordance with the applicable rules of succession (intestacy or a will).. In intestacy, this may mean increasing the shares of other heirs of the same order or involving the next order. In testamentary succession, redistribution depends on the will’s structure, the presence of substitute heirs, and the shares specified.

Impact on other heirs’ rights

Exclusion often triggers further legal actions: recalculation of shares, division of the estate, disputes over already registered property and its recovery. If the property was transferred to third parties, the case may become more complex due to the need to recover property or challenge transactions.

It is also important to consider the interests of all participants in the inheritance case: if the proper parties are not involved in the proceedings, the decision may be difficult to enforce or may become grounds for new disputes.

Practical tips on exclusion from the right to inherit

How to properly formulate a claim

The claim must be “evidence-driven”: each element under Article 1224 must be supported by documents. For evasion of assistance, it is useful to build the logic as follows: helplessness → need → awareness → ability → intentional evasion → consequence for the inheritance.

Before filing the claim, analyze where key documents are kept (medical facility, social services, notary, court in a criminal case) and prepare motions to obtain evidence if you cannot obtain it yourself.

Mistakes to avoid

Do not rely solely on witness statements or general phrases. Do not confuse lack of communication with legal “evasion.” Do not postpone the collection of medical and financial evidence and do not ignore procedural nuances (parties, jurisdiction, derivative claims).

Another common mistake is seeking a general “fairness” outcome without clear legal consequences. In inheritance disputes, claims must be formulated so that, after the decision, it is possible to actually change the distribution of the inheritance and re-register property.

The role of an attorney in inheritance disputes

An attorney helps assess prospects, collect and obtain evidence, correctly formulate claims, and ensure the enforceability of the decision. This is especially important in cases of helplessness and evasion of assistance, where courts meticulously assess the totality of conditions.

In addition, an attorney can advise whether it makes sense to simultaneously request interim measures (e.g., a prohibition on disposal of property) so that estate assets do not disappear before the process is completed.

Frequently asked questions

What actions may be grounds for exclusion from the right to inherit?

Most commonly—attempt/intentional deprivation of life, obstructing a will, evasion of assistance to a helpless testator, and other cases under Article 1224 of the CCU.

Who has the right to file a lawsuit for exclusion from the right to inherit?

Usually—other heirs whose rights are infringed, or persons whose property interests depend on distribution of the estate.

Is it possible to exclude a person from inheritance without a court decision?

When the fact is disputed or the ground requires evaluation of evidence (especially regarding evasion of assistance), a court decision is required; the notary does not resolve disputes.

In which cases is evasion of assistance to the testator a ground for exclusion?

When a helpless state and need for assistance, the heir’s ability to assist, and their intentional evasion are proven.

What does the burden of proof look like in cases of exclusion from the right to inherit?

The claimant proves the legal elements of the ground: submits documents (medical, financial, procedural), presents witnesses, and moves to obtain evidence.

How the “Pravovyi Lider” firm can help

If a conflict has arisen in an inheritance case and it is necessary to prove that a certain heir has no right to inherit (Article 1224 CCU), it is important to act quickly and gather the right evidence.

The attorneys of “Pravovyi Lider” can help in practice:

• assess the prospects of the case and the grounds for exclusion, explain what exactly must be proven in court;
• prepare and systematize the evidence base (medical documents, proof of care/expenses, requests, testimony);
• draft the claim, applications, motions, and other procedural documents;
• represent your interests in court and advise on next steps after the decision (including with the notary and formalization of inheritance).

The first consultation at “Pravovyi Lider” is free. You can contact us in any convenient way: by phone, email, or via messengers.