Mykhayliv M. Inheritance in private international law.

A concept of complex legal regulation of international inheritance relations in this research is proposed for the first time in the doctrine of private international law. Considering both home and foreign experience, based on the analysis of current legislation, international treaties, judicial and notarial practice, a systematic approach to the legal regulation of inheritance relations in private international law is substantiated. Based on the analysis of foreign experience, provisions of international treaties, and European Union law, we propose as the main connecting factor that will be generally applied to international inheritance establishing «the right of the state where the testator had his last permanent residence at the time of death». The features that will characterize the «last permanent place of residence of the testator», notably: a continuous residence of a natural person (the testator) on the territory of a foreign state for at least five years immediately preceding his death; the existence of a natural person’s (testator’s) family ties, social ties or both; availability of grounds for permanent residence of a natural person (testator) in the territory of this state (permanent residence permit in a foreign state) are underlined. It is concluded that heirs, both by will and by law, can be natural persons who are alive at the time of the opening of the inheritance, as well as individuals who were conceived during the life of the testator or using reproductive technologies after the opening of the inheritance within 6 months, having a lifetime disposition by a testator in a will or an agreement about the use of reproductive material after his death, and born alive after the opening of the inheritance. Based on the results of the study, the theoretical conclusions made it possible to formulate concrete proposals for improving legal regulation in the researched field, which are summarized in the Draft Law on Amendments to the legislation of Ukraine in the area of inheritance.