May a will be made only in favor of relatives: testamentary freedom and the compulsory share

A will in Ukraine does not have to be made only in favor of relatives. The law grants the testator almost complete freedom to choose heirs, both among family members and among any other persons or organisations, subject to the rules on the compulsory share of the estate for certain close relatives.

Freedom of testation: who can be an heir
Article 1235 of the Civil Code of Ukraine allows any natural persons to be appointed as heirs, regardless of whether they have family ties (friends, neighbours, business partners, etc.).
The testator may bequeath property to a legal entity (for example, a charity or a business entity) or even to the state or a territorial community.
It is also permitted to include in the will a child who is not yet born at the time the will is made, provided that by the time the inheritance is opened the child has been born alive.
Thus, there is no legal requirement that “only relatives” can inherit: anyone expressly named in the will by the testator may become an heir.

Compulsory share in the inheritance: who cannot be completely disinherited
Despite the freedom of testation, the Civil Code protects the interests of certain close relatives by granting them the right to a compulsory share of the inheritance, regardless of the contents of the will. These persons include:
minor and underage children of the deceased;
adult disabled children;
a disabled spouse;
disabled parents.

These heirs are entitled to a guaranteed share of the inheritance (as a rule, at least half of what they would have received by law), even if they are not mentioned in the will or are expressly deprived of their inheritance. If the testator leaves all the property, for example, to a friend, the notary will still explain that these persons retain the right to their compulsory share by reducing the shares of the other heirs.

Can the circle of heirs be deliberately “limited” to relatives?
In theory, the testator may consciously designate only relatives as heirs (a spouse, children, parents, other family members). This is lawful if:
the will is made personally by a legally capable person and duly certified;
the formal requirements are met (in writing, with signature, date, place and certification by a notary or another authorised official);
the rights of persons entitled to a compulsory share are not infringed (i.e. they are not deprived of the minimum share guaranteed by law).

At the same time, there is no provision that forces the testator to limit the circle of heirs to relatives only. If only relatives are named in the will, this is the free choice of the testator rather than a statutory requirement.

Consequences of choosing “only relatives” as heirs
Selecting heirs exclusively from among relatives has the following practical consequences:
the testator completely excludes from the circle of heirs any third parties who might otherwise claim the estate in the absence of a will (for example, a civil partner, friends, cohabitants or business associates);
relatives who do not have a right to a compulsory share may also be disinherited, but this must be clearly stated in the will, and a court may then verify whether there was any pressure, deception or incapacity;
if part of the property is not mentioned in the will (the testator has not covered all the assets), that part will be inherited according to the rules of intestate succession, so the statutory order of relatives will apply again.

Thus, “a will in favour of relatives only” is merely one possible way of exercising the freedom of testation, not a legal obligation. The law does not require the testator to justify the choice of particular heirs; the testator may be guided by personal reasons ranging from family relationships to tax or business considerations.

Risks of challenging a will and practical advice
A will, whether it benefits relatives or third parties, may be declared invalid if:
it was drawn up or signed by a person who lacked legal capacity;
the formal requirements were not met (no date, no signature, no notarial certification, etc.);
it is proven that the testator was subjected to pressure, misled or restricted in their freedom of will.

To reduce the risk of litigation, it is advisable to:
clearly specify the shares of each heir (in percentages or by identifying particular assets);
decide whom you wish to protect in any case (for example, by providing specific wording for persons who are actually dependent on you but are not covered by the law as compulsory heirs);
review the will regularly when there are significant changes in family status or in the composition of the estate (marriage, divorce, birth of children, purchase or sale of real estate).

Author – Svitlana Krutorohova, attorney at the law firm “WINNER” Law Firm.
If you have any questions or issues related to whether a will can be made only in favour of relatives, seek advice from a specialist; this will help you to properly formalise your last wishes and minimise the risk of future disputes between heirs.