Renewal of the deadline for acceptance of inheritance

Acceptance of an inheritance is a question that sooner or later arises before the heirs after the death of the testator.

The legislation of Ukraine establishes a clear deadline for accepting an inheritance of 6 months, however, citizens may often have circumstances due to which they do not submit the appropriate documents for accepting it, and thus miss this deadline.

The question arises, what to do in such a case and whether the heir has the right to renew the term for accepting the inheritance? This is what makes the consideration of this topic relevant.

Therefore, in this article we will talk about how you can renew the deadline for accepting an inheritance and what needs to be done to do this.

How to determine the additional deadline for accepting an inheritance?

According to the general rule established by Ukrainian regulatory legal acts, a citizen who is an heir and has not submitted an application for acceptance of the inheritance is considered to have not accepted it.

The following circumstances are grounds for establishing an additional period for accepting an inheritance:

• if the citizen receives consent in written format from the heirs who have already accepted the inheritance within the period specified by law;
• if a citizen applies to the judicial authorities with a request for an additional period for accepting the inheritance, during which he will have sufficient time to submit an application for accepting the inheritance. In this case, the court will need to justify the existence of good reasons for missing such a period and provide relevant evidence of this.

Martial law, declared in connection with the aggression of the Russian Federation, was recognized as a separate ground for renewal of deadlines in a number of court decisions in 2022–2025. In case of proving the impossibility of submitting an application due to restrictions on movement, evacuation, or service in the Armed Forces of Ukraine, the courts are accommodating to the applicants.

Court decisions often take into account the inability to contact a notary due to evacuation from frontline areas or loss of documents as a result of hostilities. Such circumstances are recognized as valid, provided that they are properly documented.

What reasons indicate that the deadline for accepting an inheritance may be extended?

As evidenced by the analysis of judicial practice, courts in inheritance cases most often recognize the following reasons for not accepting an inheritance as valid, namely:

• treatment of heirs in a hospital of a healthcare institution, which takes a significant amount of time. This is confirmed by certificates that the person was indeed undergoing treatment and had a painful condition, etc.;
• if the inherited property and the permanent place of residence or stay of the citizen are at a sufficiently significant distance from each other, which makes it impossible to accept the inheritance. For example, a person lives abroad and is unable to come to Ukraine to accept the inheritance;
• difficult working conditions associated with constant business trips. For example, a person was abroad for a long time on a business trip and was unable to come to Ukraine to accept the inheritance;
• if the heir is permanently on conscription in the Armed Forces of Ukraine. This reason became very relevant after February 24, 2022;
• if the citizen was not notified or had no opportunity to learn that a will existed.

Importantly! The above-mentioned valid reasons for not accepting the inheritance must be confirmed not by oral evidence or witness statements, but usually by written evidence.

What reasons for missing the deadline for accepting an inheritance can the court consider disrespectful?

In addition to valid reasons for skipping, some life circumstances are usually not taken into account by courts when making a decision to renew the deadline for accepting an inheritance, namely:

• if the citizen was legally unaware of the deadline and procedure for accepting the inheritance established by law;
• if the citizen was not aware that additional inherited property existed;
• if the citizen is of a fairly advanced age (elderly);
• if the citizen is unemployed;
• if the heirs cannot agree among themselves on who among them will receive the inheritance and in what part;
• if there were sufficiently adverse weather conditions to submit an application;
• if the citizen was in depression, apathy, or mourning due to the death of the testator;
• if the citizen does not have sufficient funds to arrive at the place of opening the inheritance;
• in the event of establishing a fact of legal significance, etc.

Importantly! The above list is incomplete and may contain other grounds and facts that the court recognizes in practice as disrespectful reasons for missing the deadline for accepting the inheritance.

Do you want to resolve the issue of extending the deadline for accepting an inheritance?

If such a life situation arises, be sure to contact the lawyers from the law firm “Prikhodko and Partners”.

Our team has significant practical and many years of experience in the field of civil law, and therefore has an excellent understanding of the specifics of establishing an additional period for accepting an inheritance.

So don't delay and come to us for a consultation!