A will in my name: will I receive all the property?

If a will is made in your favor, this still does not guarantee that you will become the sole owner of all the property. The final scope of your rights depends on the content of the will, the presence of other heirs (including those who have the right to a compulsory share), the composition of the estate, and the actual formalization of the inheritance with a notary.

Freedom of a will and its limits
Ukrainian law is based on the principle of freedom of a will: the testator may appoint any persons as heirs and distribute the property among them at their own discretion. They may bequeath everything to one heir, divide it into shares, or allocate specific assets to different persons.
At the same time, the freedom of a will is limited by the rules on the compulsory share in the inheritance and the general requirements of law and morality. If the testator has persons entitled to a compulsory share, they cannot be completely deprived of the inheritance, even if all the property is “left” to one person.

Who has the right to a compulsory share
A compulsory share is a portion of the inheritance guaranteed by law that certain persons receive regardless of the content of the will. These include:
minor and underage children of the deceased;
adult incapacitated children;
incapacitated widow (widower);
incapacitated parents of the testator.
Each of these heirs is entitled to at least half of the share they would receive under the law if there were no will. This means that even if the will names only you, in the presence of such persons their compulsory share must be allocated, and you will not be the sole owner of all the property.

When a will makes you the only owner
In practice, you can become the sole owner of the entire inheritance only when several conditions are met simultaneously:
the will explicitly provides that all property passes specifically to you, without naming other heirs or shares;
at the time of the testator’s death there are no persons entitled to a compulsory share (or they have renounced the inheritance, are recognized as not having accepted the inheritance, or have been disqualified by a court);
there are no other valid wills or inheritance contracts that change the circle of heirs;
you have submitted an application to a notary in due time and formalized your rights.
If at least one of these conditions is not met, the property is usually distributed among several heirs – under the will or partly also under the law.

The importance of wording in a will
The legal consequences largely depend on the specific wording:
“I bequeath all my property to Petro” is a typical way to appoint one heir to the whole inheritance, but if there are compulsory heirs, you will still have to share with them;
“I bequeath apartment A to Petro, house B to Ivan, and the rest of the property to Maria” – you will receive only those assets that are explicitly indicated in your favor;
a will with a condition (education, care, cohabitation, etc.) means that the right to the property depends on fulfilling that condition; otherwise the inheritance may pass to another person.
Therefore, the everyday phrase “a will in my name” can mean anything: from a real bequest of all assets only to you to transferring only a specific asset or a share.
The role of the notary and formalization of the inheritance
Even if the will is made in your favor, inheritance rights do not arise automatically. To become an owner, you must:

1. Within 6 months from the date of the testator’s death, apply to a notary at the place where the inheritance is opened with an application for its acceptance.
2. Submit documents: passport, tax identification number, death certificate, original or duplicate of the will, title documents for the property, etc.

After the expiration of the term and collection of all confirmations, obtain a certificate of the right to inherit and register ownership of real estate or other assets.
If you do not submit the application on time, you may be recognized as not having accepted the inheritance, and the property will pass to other heirs. Even a will in your favor will not allow you to become an owner in such a case without restoring the term through a court.
When the inheritance has to be shared
A common situation is when the will designates one heir as the main one, but other claimants appear:
persons entitled to a compulsory share demand allocation of their part;
other heirs challenge the will (for example, referring to the testator’s incapacity, defects in form, pressure, etc.);
there are several wills from different years, and it is necessary to determine which one is valid.
In such cases you may end up owning not all the property, but only part of it, even if the testator intended to transfer “everything” to you. The final scope of rights is determined by law, practice, and, if necessary, by a court.

Conclusion
Having a will in your favor is important, but not the only condition for becoming the sole owner of all inherited property. Decisive factors include the circle of other heirs, especially those with a right to a compulsory share, the exact wording of the will, compliance with the deadlines and procedure for formalizing the inheritance with a notary, and the absence of successful attempts to contest the will.
Author – Svitlana Krutorohova, attorney at the WINNER Law Firm. If you have questions or problems related to formalizing an inheritance under a will, determining shares between heirs, the presence of compulsory heirs, or possible contesting of the will, it is advisable to seek individual legal advice to analyze the documents and choose the optimal strategy in your situation.