Refusal of inheritance abroad

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Refusal of inheritance abroad

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Inheritance and all related procedures abroad have their legal nuances and peculiarities.

You may say that the main problem in inheriting abroad is the distance of the person from the physical location of the inherited property, but in practice, this is not the case at all.

The main factor that causes problems in inheritance abroad is the different legal framework of each country, and this in its essence is a significant factor in becoming a legal heir.

In this informative article, we will consider a rather important topic for today - the specifics of renouncing inheritance while abroad in Ukraine.

How to refuse an inheritance while staying outside of Ukraine?

First of all, it should be noted that submitting an application for disinheritance is a direct act that must be performed by the heir.

Therefore, if you are abroad, you can refuse the inheritance in the following way:

  • Find out the place of discovery of heritage. Usually, inheritance is opened at the last place of residence or registration of the testator, or the location of the inherited property (its main part).
  • Contact the consular institution of Ukraine or the diplomatic representation of Ukraine in the state in which you are located. The heir personally draws up a statement of disinheritance and addresses it to the consul, the latter certifies the authenticity of his signature on such a statement and affixes his signature and seal. Since consular officials are empowered to perform notarial acts outside of Ukraine.
  • Sending an application for refusal of inheritance using international postal communication. After certifying your signature on the application, the heir must send the application by mail to a notary working in Ukraine who will announce the opening of the inheritance.
  • Submission of documents through a legal representative. In order not to worry about the legality of the notary's actions, a person can also submit the relevant documents through his representative, and the latter, in turn, will hand them over to the notary. In this case, the citizen independently chooses how to hand over all the necessary documents to the representative.
  • Opening of inheritance case. If the heir sent a statement of refusal of inheritance to a notary in Ukraine without properly notarizing his signature, it will still be accepted in this case. However, there is a nuance, the notary informs the heir that the inheritance case has been initiated and he must re-send a statement in which his signature is notarized, or appear in person at the notary to exercise his rights.

Therefore, citizens of Ukraine may not to appear in person to renounce the inheritance, since the current Ukrainian legislation provides completely alternative procedures for the full realization of the rights of heirs who are permanently residing abroad.

What are the deadlines for this?

The inheritance case must be opened within 6 months from the death of the testator. Therefore, citizens of Ukraine who are abroad must submit an application for renunciation of inheritance during this time.

However, if they missed the 6-month deadline for exercising their right, then they are considered to have automatically refused to accept the inheritance.

If you want to refuse your inheritance abroad, then in this case, the best option for solving this issue would be to contact the Prikhodko and Partners law office.

Our team will ensure the submission of all necessary procedural documents for disinheritance, as well as explain the future consequences after exercising this legal right of the heir. So don't delay and apply!

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Family law lawyer. She specializes in divorce and inheritance cases.

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