In my practice as a lawyer! I often encounter stories where accepting an inheritance becomes more than just a legal procedure.
One late fall! I was approached by a client – a woman who had spent Acceptance of inheritance several months after her father’s death in a sea of legal documents and notarial deadlines! but still didn’t know whether she had succeeded in accepting the inheritance. “I lived there! I was always there.
Why does the notary require a statement?
This complex issue! where reality sometimes clashes with common meeting scheduling by email: why is free the best option? Acceptance of inheritance sense! and legal norms with life circumstances! contains a deep layer of Ukrainian legislation. Therefore! today I want to share my thoughts! experiences! and important nuances of inheritance law in Ukraine and abroad.
Ukrainian legislation: clarity or labyrinth?
In theory! everything looks simple: if the heir at the time of the testator’s death was permanently living with him! then under Part 3 of Article 1268 of the Civil Code of Ukraine! the inheritance is considered accepted automatically. If there is no such fact! it is necessary to submit an application for acceptance of the inheritance to a notary. However! in practice! this “simplicity” often turns into a complex puzzle.
For example! notaries often refuse to issue a certificate of make a greeting card for mother inheritance! citing the fact that the application was not submitted within the specified six-month period. And although the Supreme Court has repeatedly emphasized that such an heir has automatically accepted the inheritance! legal proceedings involving a lawyer on inheritance issues hindi directory are becoming commonplace.
Part 2 of Article 1269 of the Civil Code of Ukraine adds particular complexity:
An application for acceptance of inheritance must be submitted in person. It would seem a trifle! but in conditions of martial law! when people are traveling abroad en masse! this rule turns into a serious obstacle. I dealt with a client who was in Germany at the time of opening the inheritance. She had to return to Ukraine only to submit an application to a notary. What if her absence was caused by a threat to her life? The law does not provide an answer to this question.
