“I want to leave the apartment for her three year old grandson. He’s got parents. If it turns out that a grandchild will enter into a right of inheritance to his majority and will not for that reason to dispose of the bequeathed the apartment, who will be appointed his guardian? Can’t this man take possession of the property or to sell the apartment of my grandson?” — Anatoly Lipetsk.
Meets Catherine gutgarts, attorney law firm “ABG”:
“A full civil capacity begins at 18 years. There are rare exceptions when a full civil capacity can be given to a child earlier — at the age of 16. To 14 years the child can only commit petty domestic transactions (article 31 of the Civil code of Ukraine). From 14 to 18 years, the child has more rights, but the big deals can only be made with the consent of the parents (article 32 of the civil code). Parents are the legal representatives of their children and act in their behalf and in their interests. A guardian is appointed only for the child deprived of parental care.
In addition, in Ukraine there are bodies of guardianship and guardianship, which should help parents to exercise their parental rights and duties and protect the interests of the child.
The default assumption is that young or underage heir accepted the inheritance. Minor heir (14 to 18 years of age) can refuse the inheritance with the permission of parents and the guardianship and guardianship. Because of the infant heir (under 14 years) refuse the inheritance can parents, but only with the permission of the guardianship. The same applies to the possibility to dispose of the inheritance: to sell the apartment that belongs to a child under 14 years of age, parents will be able only with the written permission of bodies of guardianship and guardianship. For sale child aged 14 to 18 years need parental permission and child”.