The certificate of the fact that the physical person is alive
To certify the fact that an individual is alive, the person concerned must submit documents to the notary confirming his identity.
Upon the performance of this notarial act, the interested person is given a certificate of the established pattern.
The certificate of the fact of being a citizen of a living is carried out by a notary in order to confirm the presence of this person as a subject of legal relations. The need for such a notary action may be due to the following circumstances:
- In the case of international inheritance, when the inheritance is open abroad.
- For example, if the inheritance is open in France, and the heirs reside in Ukraine, then according to the laws of France the heir can count on reducing the inheritance tax if he has at least three underage children. For confirmation, you must submit birth certificates for children, as well as notarial certificates that children are alive;
- In the event that a person receives periodic payments (pensions, alimony, compensation, etc.) From abroad (or other place), it may take an annual confirmation that the recipient is alive;
- As evidence when deciding whether to revoke a decision to recognize a person as missing or to declare him dead;
- In all other legal cases, when the person or other interested persons need to confirm the fact that the person is alive.
Who can apply to a notary for evidence of facts?
Exceptionally physical persons. According to the provisions of the Civil Code, certificates of these facts can not be committed with the participation of a representative. The exception to this rule are the following cases:
- When establishing the fact concerns a minor child, an incompetent natural person, then on behalf of such persons their legal representatives act – parents, guardians, adoptive parents;
- When the fact is established in relation to a minor child, as well as an individual whose civil capacity is limited, evidence of facts occurs with the consent of legal representatives.
Concerning each specific situation,contact «PRIKHODKO&PARTNERS» and get a free consulation on your case.