Ministry of Justice of Ukraine interpreted some issues of inheritance contract in Letter dated 02/12/2013.

On authority’s opinion, inheritance law does not regulate inheritance contract because the nature of such contract is disposal of transferor’s property during his lifetime. Thus, the acquirer gets the property title after the death of the transferor.

The Letter points that the inheritance contract institute has more relation with obligatory law then inheritance law, because it is agreement on the transferring of ownership rights. The similarity of the inheritance contract with the hereditary is manifested in a common legal basis for the ownership right of the acquirer - the death of the transferor.

Ministry focuses on that the inheritance contract must be concluded in literal form with notarization.  Such contract should also be registered in electronic data – Inheritance register. The contract is invalid in case of non- fulfillment of these limitations.   

 Finally, it was stated that the inheritance contract has dual legal nature.