INHERITANCE BY RIGHT OF REPRESENTATION: ESSENCE AND PROBLEMATIC ISSUES

Abstract

. The article is devoted to a detailed analysis of the institution of succession by right of representation in Ukrainian law, its essence, scope of application, and practical problems of law enforcement. The evolution of normative regulation is revealed, with emphasis on the brevity of Article 1266 of the Civil Code of Ukraine, the absence of a clear definition of the concept and procedural guidelines for confirming kinship, determining and dividing shares, as well as compliance with deadlines by heirs called to inherit by right of representation. The relationship of this institution with wills and hereditary transmission is examined, showing that the right of representation functions exclusively within the framework of succession by law, which requires clear boundaries to avoid mistakes in notarial and judicial practice.

Typical problematic evidentiary nodes are outlined, among which of key importance are the proper confirmation of the death of the heir of the relevant order before the opening of the inheritance, the establishment of a legally significant kinship of the applicants with the testator, the determination of the impact of partial wills on the possibility of applying the right of representation, as well as the justification of criteria for restoring missed deadlines. Attention is focused on evidentiary and organizational barriers that have intensified under martial law, when access to civil status records is complicated, the need to establish legal facts has increased, and the role of the court as a tool for correcting notarial errors has grown.

The scientific novelty lies in the systematization of scattered provisions of doctrine and practice, clarification of the conceptual apparatus, and formulation of comprehensive proposals for improving regulation, which include the introduction of special norms into the Civil Code, a separate mechanism for restoring deadlines for heirs by right of representation, a standard application form to the notary, as well as digitalized procedures for data exchange between notaries and state registers. It is concluded that strengthening normative certainty and standardizing notarial actions will reduce the number of disputes, ensure uniformity of practice, and increase the level of protection of heirs’ rights in inheritance relations.