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The inheritance registration procedure is always regulated by the legislation of each specific state.
However, in their modern realities, there are many more cases when the heir lives abroad, and the inheritance remains on the territory of Ukraine.
In this article, we will consider the legal aspects and procedures of receiving an inheritance abroad for citizens of Ukraine.
International agreements and agreements
Receiving an inheritance abroad for citizens of Ukraine requires compliance with legal norms both in Ukraine and in the country where the inheritance is located.
In this context, it is important to take into account the presence of international agreements and conventions that can simplify the procedure for obtaining an inheritance.
The most important of them is the 1983 Hague Convention on Legal Aspects of International Inheritance.
This convention defines the general rules for the recognition and enforcement of court decisions in inheritance cases between the participating states.
The procedure for obtaining a discount abroad
- Place of opening of the inheritance: This place determines where the heirs must submit a statement to the notary regarding their acceptance or rejection of the inheritance. Usually, the place of inheritance opening is the last place of registration of the testator. But in the case when the place of residence of the testator is unknown, the place of opening of inheritance is determined by the location of his immovable property ( the main part ).
- Collection and submission of documents on the opening of the inheritance: First of all, the heir must prepare the necessary statement and certify the authenticity of his signature at the consul, since he has the right to perform notarial acts outside Ukraine. Therefore, it is necessary to apply to the consular institution of Ukraine abroad.
- Filing by mail After that, this application should be sent by mail to the notary who works on the territory of Ukraine, and in which you intend to open an inheritance case.
- Submission through a representative: In the case of drawing up and certifying the necessary power of attorney at the consulate to represent the interests of the heir before a Ukrainian notary, the application for opening/renunciation of inheritance together with other documents can be submitted to the notary personally by a representative (lawyer). In this case, you independently choose the method of transferring the package of documents to the representative.
- Opening an inheritance case: a notary in Ukraine checks the received documents and, if they match, opens an inheritance case, determines the circle of heirs, and performs other necessary notarial actions. Then a document is issued – a certificate of the right to inheritance.
The inheritance case must be opened within 6 months from the moment of the testator’s death. It is worth noting that the extended 10-month term for inheritance, which was introduced with the beginning of martial law, is no longer relevant.
The procedure for keeping an inheritance abroad for citizens of Ukraine can be complicated, however, an heir living abroad has the opportunity to accept the inheritance by using the recommended procedures and interacting with consular institutions and notaries in accordance with the requirements of the law.
In order to avoid all possible risks or negative consequences, you should seek the professional help of a lawyer who will help you in this situation.