Kovalchuk A. The right to a compulsory share in the inheritance

In the dissertation, the author proposes to include in the list of obligatory heirs the relatives of the testator, except for the first stage, who were in his maintenance until his death, provided that they did not have other relatives in which they could be in maintenance. The author proved the need for a legislative determination of the grounds for increasing the size of the compulsory share in the inheritance, but not more than 2/3 of the share that would be due to each compulsory heir in case of inheritance by law. The author suggested defining such grounds for reducing the size of the compulsory share in the inheritance: taking into account the property status of the heirs entitled to the compulsory share; the heirs have their own property; participation in joint property with the testator; the duration of the common use of the property; the duration of the marriage with the testator. In this work, the author focuses on the need to establish additional protection of the inheritance rights of obligatory heirs by imposing on a notary the obligation to certify such contracts, to establish the presence of obligatory heirs and to determine or the contract, which will be certified, will not violate their rights. Key words: right to a compulsory share, obligatory heir, inheritance, will, inheritance, disabled heirs, inherited property, rejection of inheritance.