The dissertation is devoted to the study of theoretical and practical problems in inheritance under a will in notarial proceedings and the protection of inheritance rights in civil proceedings. It is proven that the main source of regulation of inheritance relations in inheritance by will - the inheritance legislation of Ukraine, should be applied and studied systematically, taking into account the presence or absence of a foreign element within the meaning of the Law of Ukraine "On Private International Law", the operation of the legal regime of the temporarily occupied territory of Ukraine within the meaning of the Law of Ukraine "On Ensuring the Rights and Freedoms of Citizens and the Legal Regime in the Temporarily Occupied Territories of Ukraine", as well as its interaction and interconnection with the norms of other branches of Ukrainian legislation. It is emphasized that the implementation of the right of a person to draw up and certify a will (personal disposition) as a transaction does not belong to the category of inheritance relations. Given the operation of the legal regime of martial law in Ukraine, the conclusions of scientists on improving the form of a will, namely, an oral form, an electronic form of a will created in the Unified State Portal "Diya". It is emphasized that the funds, the fate of which is the right of a military serviceman, for example, in a personal order to pay a lump sum to a person of his choice, within the meaning of Article 1219 of the Civil Code, are not part of the inheritance, and therefore such an order does not affect the composition of the inheritance, which passes after the death of a person to the heirs under the will. It is proven that the basis for opening an inheritance case by a notary or an official of a local government body, a consular institution is a written application of the heir. The heirs have the right to take such actions after the opening of the inheritance and during the period for accepting the inheritance. Attention is drawn to the fact that the refusal to accept the inheritance is a written unilateral, unconditional and unconditional transaction, which is concluded and certified in a notarial process during the period for accepting the inheritance, but may be revoked within the period specified by the Civil Code or declared invalid by the court. It has been established that the acceptance of the inheritance by will and the registration of the inheritance by will are separate interrelated and interrelated notarial proceedings in a notarial process, which are of a dispositive nature, unless otherwise provided for by the Civil Code, arise on the basis of the written personal will of the heir - a written application within the terms specified in the Civil Code. The mediation procedure cannot be applied to disputes concerning the invalidity of a will or a joint will of spouses, since in cases of invalidation of transactions there can be no peaceful settlement of the dispute, and the parties do not have the right to change the mandatory provisions of the law that determine the grounds for the invalidity of transactions. Based on the analysis of the norms of the legislation of Ukraine, which regulates inheritance relations, proposals for its improvement have been developed.
