This is provided for in Article 1224 of the Civil Code of Ukraine.

In particular, paragraphs 1-4 of this article stipulate that persons who are not entitled to inheritance include persons:

• who intentionally deprived the life of the heir or possible heirs or attempted their life (except when the aware heir decided to appoint such a heir by will);
• who have intentionally prevented the testator from making a will, amending or canceling it in order to have the right to inherit from them or others or to increase the inheritance;
• in case of deprivation of parental rights;
• when evading the obligation to maintain the testator, if this circumstance is established by the court;
• persons in case of invalidity of their marriage.

Pursuant to Article 524 (5) of the Civil Code of Ukraine, by a court decision, a person may be removed from the right to inheritance by law if it is found that he evaded assistance to an heir who, due to old age, serious illness or injury, was in a helpless condition.

The rule of part five of Article 1224 of the Civil Code of Ukraine applies to all heirs by law, including those who, under the Family Code of Ukraine, were not obliged to keep a heir.

With such provisions in Ukrainian law, it is quite common for individuals to go to court to demand that their heirs be removed from the right to inherit. However, for the sake of fairness, it should be noted that these requirements are not often met by the courts due to their lack of knowledge.

The question arises - in which case can the court satisfy such a claim?

According to the explanations of the Plenum of the Supreme Court of Ukraine, provided in clause 6 of the resolution of May 30, 2008 No. 7 “On case law on inheritance cases”, a request for removal of the heir from the right to inheritance may be made by the person for whom such removal gives rise related to the inheritance of rights and obligations, at the same time as her claim to obtain the right to inheritance on the grounds specified in part two of Article 1259 of the Civil Code of Ukraine.

In its rulings, the Supreme Court has repeatedly stated that in order to satisfy a claim in cases of removal from the right to inheritance in accordance with Article 1224, paragraph 5 of the Civil Code of Ukraine, the totality of the following circumstances is relevant:
- evading a person from providing assistance to the heir if possible;
- stay of the heir in a helpless state;
- the need of the testator to assist this person.

At the same time, according to the position of the SC, helplessness should be understood as the condition of a person due to old age, serious illness or injury, when he can not independently provide the conditions of his life, needs outside care, assistance and care.

And the evasion of a person to assist the heir in need of assistance is the intentional act or omission of the person seeking to evade the obligation to provide support and assistance to the heir, that is, the evasion associated with the guilty behavior of the person aware of his duty. , had the ability to perform it, but did not take the necessary action. Thus, the evasion is characterized by a deliberate form of guilt (decision of 30.08.2019 in case No. 589/3209/16-c, decision of 22.10.2018 in case No. 644/7044/15-c).

Also, in Case No. 727/3905/16-c, the Supreme Court stated that the legal value in resolving the dispute was the provenance of the totality of circumstances: evasion of the heir (intentional guilty act or omission) from rendering assistance:

- if possible, its provision to the heir;

- helpless due to old age or illness;

- there is a need for the heir to assist this heir.