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Sulyk Roman

Head of family law practice

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Appealing the decisions and actions of the notary when registering the inheritance

The current Civil Code of Ukraine defines the notarial procedure in which the right to inheritance should be formalized. Therefore, the notary is engaged in this at all stages, which begin with the initiation of an inheritance case and end with the issuance of a certificate confirming the ownership of the inheritance.

What problems may arise in the process

It happens that at any of the stages of registration of the heritage, the notary begins to take actions that create obstacles to the registration of the heritage. In such cases, the desire of the heirs to challenge such actions or refusal to perform their duties as a notary becomes quite natural. Appeal is more likely to take place in court, although this is not the only option.

If we move away from general formulations and talk about specific problems that may arise in this situation, then among them:

  • the establishment of an inheritance case in violation of the requirements regarding the place of its establishment;
  • refusal to issue a certificate to the heir certifying the inheritance case;
  • refusal to issue a certificate confirming the right to have a mandatory share in the inheritance, left behind by the testator.

When such a situation occurs, it is necessary to collect all the evidence indicating that the notary behaves unlawfully towards the heirs.

Оскарження рішень та дій нотаріуса при оформленні спадщини

What can serve as evidence

When we talk about evidence, among them it is worth noting:

  • Documents related to the notarial act that was performed. For example, it can be an original will or a certificate of inheritance. There may also be other documents.
  • Resolution of the notary on the refusal to perform notarial action.

It should also be noted here that it is possible to appeal against the actions and decisions not only of a notary, but also of an official authorized to perform notarial acts.

How to assert your rights

First of all, in order to initiate a trial of the issue, it is necessary to collect a high-quality evidence base in order to present it convincingly later. The next step is to draw up a claim. In order for the claim to be satisfied, care should be taken to clearly state in it all the weighty circumstances, referring to the relevant legal norms and explaining what exactly the notary’s behavior is seen as unlawful.

What is the most frequently complained about

If all requests for this category of cases are divided into groups, then they will one way or another relate to one of the following areas:

  • the notarial acts themselves;
  • refusal to take necessary action;
  • notary deeds

As practice shows, the second group of requests is disputed very often. For example, among the reasons may be missing the deadline for applying for an inheritance. Also, sometimes the reason is the lack of title documents for the property that is the object of inheritance. However, the list is not limited to these two factors. Sometimes notaries refuse to perform actions when there is an appeal against the will by other heirs, critical errors in the documents, or the absence of a family relationship between the heir and the testator.

In many situations, the notary is indeed formally right, since he has legal grounds to refuse to perform certain actions. However, when the heir has enough evidence in his favor, he can win the court. The result will depend on the quality of legal support. If you contact the specialists of the law office “Prikhodko and Partners”, then we will make all the necessary professional efforts to effectively help you.

What else is important to know

If the notary refuses to perform the actions that, in your opinion, he should perform, you need to obtain written confirmation from him. It is done in the format of the relevant resolution on the refusal to perform notarial acts. Then we will have convincing evidence of such a fact and will be able to include the said decision in the package of documents that will accompany the statement of claim.

It is also possible to challenge the actions and decisions of a notary not only in court, but also in the bodies of the Ministry of Justice. The lawyer’s task in this case is to draw up an appropriate complaint with explanations of the problem and submit it to the regional department of justice.

So, our team will choose a good strategy to protect your interests.

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Sulyk Roman
Head of family law practice

Expert in the field of family, civil, labor law, intellectual property law

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