RENEWAL OF THE TERM FOR ACCEPTANCE OF INHERITANCE IN CONNECTION WITH STAY ABROAD. CONCLUSIONS OF THE SUPREME COURT

 Let's consider two of the most common cases.

 I. The person applied to the consulate within the period for accepting the inheritance, but the notary in Ukraine received the application after this period.

Position of the Supreme Court:

 In accordance with clause 1.2 of the Regulations on the procedure for performing notarial actions in diplomatic missions and consular offices of Ukraine, the performance of notarial actions is entrusted to officials working in diplomatic missions and consular offices of Ukraine.

 According to the provisions of Article 44 of the Consular Charter of Ukraine, notarial acts in the consular office are performed by the consul.

 Thus, the procedure for performing notarial actions by a consul is similar to the procedure for performing notarial actions by a notary, since the procedure for performing notarial actions always comes from the process of performing notarial activities, and the procedure for performing notarial actions is the only one and does not change depending on the subject of its implementation.

 Therefore, if the application for accepting the inheritance in time for accepting the inheritance was accepted by the consul of Ukraine and showed the authenticity of the signature as a citizen of Ukraine, whose place of residence is a foreign state, then the heir actually exercised his right to accept the inheritance within the six-month period stipulated by the law, which showed his intention accept the inheritance.

 And even if the application for acceptance of the inheritance itself is received by a private notary at the place of opening the inheritance after the expiration of the six-month period for its submission, this is not a reason for refusing to issue a certificate of the right to inheritance by law.

 When discussing the weight of reasons for missing the deadline for accepting an inheritance, it is necessary to distinguish between the circumstances of the commission of actions aimed at exercising their right to accept the inheritance by the plaintiff, and the circumstances associated with the direction of his own application for acceptance of the inheritance to a notary in Ukraine.

 If the heir takes timely measures to submit an application for acceptance of the inheritance to the competent authority - the consul of Ukraine in another state, but such an application is untimely sent to the notary at the place of opening the inheritance, the interests of the heir can be protected in court by defining an additional term for him in the order, h. 3 Art. 1272 of the Civil Code of Ukraine.

 Link to Resolution of the Supreme Court 

 II. The presence of a ban of the foreign state where the person resided, the lack of permission from the Ministry of Homeland Security due to her immigration status was an obstacle to leaving for Ukraine to apply for the acceptance of the inheritance after the death of the testator.

  Position of the Supreme Court:

 The above reason for missing the deadline for filing an application with a notary is not recognized by the courts as valid. The statement that a person tried to do everything possible to come from another country where he lives to the place of opening the inheritance and accept the inheritance, however, through immigration status, it was not possible to do this, is not evidence of the importance of missing the deadline for applying for the acceptance of the inheritance. Since the person had the opportunity, even being a citizen of another state, to apply to the consulate of Ukraine in another state, or the consulate of that state, of which he is a citizen, to provide assistance in filling out an application and fulfilling the requirements for filing an application for accepting her inheritance. The presence of documents for migration registration in the Ministry of Homeland Security is not a confirmation that the person missed the deadline for valid reasons.

 Link to Resolution of the Supreme Court