How to prove the family connection between persons during inheritance

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How to prove the family connection between persons during inheritance

Reading time: 3 min.

Inheritance of property rights and obligations has always been a relevant topic in our country. This is primarily due to the fact that regardless of age, every person can become a potential heir to the property.

However, in practice, sometimes there are cases when proving the degree of kinship with the testator becomes a problematic issue, which, as a result, makes it impossible to accept the inheritance both by law and by will.

In such a situation, it is necessary to clearly understand how to solve similar issues in practice, which shows the relevance of the topic.

In this article, we will consider how to prove the family connection between persons during inheritance.

What should be understood by family relations?

Based on the analysis of the norms of the SCU and CSU, the concept of family relations includes a circle of persons who are related to each other by a certain degree of kinship. For example, parents, children, grandmother, grandfather, relatives, brothers and sisters, etc.

What is needed to prove a family connection during inheritance? 

First of all, you need to understand if you are in one of the following situations:

  • are heirs of the relevant property of the deceased person, but " in their hands " there are no documents confirming the degree of kinship with the testator;
  • you have the right to the appointment of pension payments due to the loss of a breadwinner and you were refused their appointment due to the lack of confirming facts that you were with the last one in a family relationship;
  • if the establishment of the fact of family relations entails the occurrence of certain legal consequences (receipt of inheritance, etc.).

In such cases, you have the right to apply to the judicial authorities with a statement to establish a fact that will have legal significance for the applicant.

What list of documents is required for this?

When you apply to the court, you submit a statement of claim, in which you must specify:

  • for what purpose are you applying to the court and what fact are you asking to establish;
  • why you cannot get the relevant documents in any other way than going to court;
  • documentary confirmation of words confirming the fact.

The evidence that should be submitted together with the application includes various types of written materials, which are valuable sources of information for understanding a person's life path. They usually include:

  • autobiography of a person; her personal and business communication reflected in the letters; personal records, diaries, questionnaires; various official documents - court decisions, letters, household books;
  • documents issued by civil status registration authorities are necessary to confirm the impossibility of replacing the lost records, changes or additions of information _ or correcting an error in civil status records ;
  • written or oral statements or explanations of witnesses that the applicant really had a family relationship with the deceased person.

If you want to accept the inheritance, but cannot prove the fact of family relations with the deceased person, then in this case, contact the specialists of your field - the law firm "Prikhodko and Partners ". We have perennial experience in solving such situations which makes our help qualified and professional.

Our experts always apply an individual approach to the client that allows solving all situations in dependence on specific cases and circumstances of the case. So don't delay and apply!

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Family law lawyer. Specializes in divorce and probate matters.

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