Head of family law practice

An attorney with extensive experience specializing in complex family disputes. As Head of Practice, he combines deep legal expertise with a personalized approach to every client. He ensures strategic protection of family interests and delivers impeccable results in the most challenging cases.

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

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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Family law

A claim for guardianship A court decision on independent upbringing and maintenance of a child as a basis for obtaining a deferment A guardianship lawyer A lawsuit to declare a person incapable A statement of claim for recognition of a person as having lost the right to use residential premises A statement of claim for the recognition of a person with limited legal capacity A statement of claim to declare a person incapable Accompaniment of a lawyer in the children’s service Accompanying a person who needs constant care abroad Adoption of an adult Adoption of the wife’s child from the first marriage Agreement on maintenance and education of a child Agreement on the division of marital property Annulment of birth certificate Apostille and consular legalization of inheritance documents APOSTILLE AND LEGALIZATION OF DOCUMENTS IN UKRAINE Apostille for death certificate Apostille on the birth certificate APOSTILLE ON THE DECISION OF THE COURT Apostille on the marriage certificate Appeal against a court decision on divorce Appeal against the decision of the Medical and social expert commission Appeal against the refusal to register permanent care Appeal of inheritance contract Appealing a court decision on deprivation of parental rights Appealing the decisions and actions of the notary when registering the inheritance Applying for a deferment for a guardian of a person with a disability Arrange permanent care for an elderly person Automatic acceptance of inheritance Care on a non-professional basis for parents Certificate of child maintenance by stepfather Certificate of establishment of the fact of providing care for obtaining a deferral Certificate of last place of residence of the deceased CERTIFICATE OF PARENTS OF A LARGE FAMILY AS A BASIS FOR CROSSING THE BORDER CERTIFICATE OF THE FATHER OF MANY CHILDREN IF CHILDREN ARE FROM DIFFERENT MARRIAGES Challenge a will Change of surname to maiden name after divorce Changing a child’s last name during adoption Changing the child’s last name Changing the child’s surname without the consent of the father Changing the surname of a child up to 14 years old Claim for property division COLLECTION OF ALIMONY Collection of alimony from a person residing abroad Collection of alimony from seafarers abroad Conclusion of a marriage contract CONCLUSION OF THE CONTRACT FOR THE MAINTENANCE OF THE CHILD AND DETERMINATION OF THE PLACE OF RESIDENCE Conclusion of the MAC on the need for permanent external care Confirmation of independent maintenance of the child Constant care for a wife with disability group II Consultation of a lawyer on issues of surrogacy in Ukraine Contesting paternity and excluding information from the child’s birth record Contesting the gift contract Crossing the border on the basis of the act of establishing the fact of providing care Custody of the property of a person who is recognized as missing Declaration of a missing person Declaring a relative missing Deferral from mobilization based on the conclusion of the MAC Deprivation of parental rights Deprivation of parental rights abroad Deprivation of the mother’s parental rights Dissolution of marriage at the registry office or through the court Distribution of property upon divorce in Ukraine Division of foreign assets upon divorce Division of marital property: Crypto assets Division of property in case of divorce DIVISION OF PROPERTY IN DIVORCE DIVORCE Divorce if one of the spouses disappeared during hostilities Divorce online DIVORCE SERVICES Divorce without the presence of one of the spouses Establishing a legal fact in court in accordance with Ukrainian legislation Establishing custody of the child Establishing guardianship over a child through the court Establishing or challenging paternity Establishing paternity after the death of a military person Establishing paternity through the court Establishing the fact of child maintenance ESTABLISHING THE FACT OF DEATH IN TEMPORARY OCCUPATED TERRITORIES Establishing the fact of family relations Establishing the fact of family relationships to receive compensation in connection with the death of a serviceman Establishing the fact of family ties through the court Establishing the fact of living as one family Establishing the fact of living in the same family with the testator Establishing the fact of non-acceptance of inheritance Establishing the fact of paternity Establishing the fact of paternity after death Establishing the fact that the child is maintained by the stepfather Establishing the order of participation in raising a child ESTABLISHMENT OF FUNDS AND TRUSTS Establishment of guardianship Establishment of guardianship in court Establishment of guardianship over a disabled person of the 2nd group Establishment of guardianship over an elderly person Establishment of guardianship over an incapacitated person Establishment of guardianship over the mother Establishment of guardianship over the property of an incapacitated person Establishment of the fact of independent upbringing of the child by the father Estate Litigation Attorney Exemption from paying alimony Extension of the deadline for accepting an inheritance Family lawyer in Germany: protecting the interests of ukrainian citizens FAMILY LAWYER IN ITALY FOR UKRAINIANS Family mediation (mediation in family disputes) Fast increasing the amount of child support Gift agreement between relatives Gift agreement for a minor child Guardianship of an incapacitated person Guardianship of disabled parents Guardianship over parents as a basis for postponement Heritage with a foreign element How to establish the fact of residence by one family? Inheritance disputes Inheritance in Ukraine for Ukrainian citizens living abroad Inheritance lawyer abroad INHERITANCE OF BANK DEPOSITS Invalidation of a marriage Issuance of duplicate certificates and extracts from the Civil Registry Office Legal support for marriage registration in Ukraine Legal support for the adoption of a child Legal support of surrogate motherhood Legalization of a divorce certificate issued abroad Legalization of a marriage concluded abroad Legalization of a marriage concluded in Poland Making changes to the act record of the birth of a child Marriage certificate abroad Marriage contract Marriage contract with a foreigner MARRIAGE DISSOLUTION SERVICES ABROAD Marriage registration under martial law Notarized agreement on child support and upbringing Obtaining a border crossing permit in EU countries for minor children OBTAINING A CERTIFICATE OF A FATHER WITH MANY CHILDREN Obtaining a certificate of MAC on permanent care Obtaining a certificate of marital status Obtaining a death certificate Obtaining a duplicate birth certificate Obtaining a marriage certificate again Obtaining a MSEC certificate of disability Obtaining the conclusion of the Medical Advisory Committee: stages, necessary documents and step-by-step legal assistance Obtaining the MAC Conclusion in form 080-4/o Permanent care for a disabled person of the 1st group Permanent care for a disabled person of the 2nd group as a basis for postponement Permanent care for an elderly person. Postponement Probate lawyer PROCEDURE FOR CARE OF THE DISABLED GROUP 2 Procedure for establishing guardianship Proving the fact of maintenance of an illegitimate child Provision of care for children with disabilities in Ukraine Receiving an inheritance in Ukraine if you are abroad Receiving compensation by the heir for damaged or destroyed property Recognition of a foreign divorce decree in Ukraine Recognition of a person as incapable and appointment of a guardian RECOGNITION OF A PERSON AS MISSING OR DECEASED Recognition of a person as partially disabled Recognition of inheritance as dead Recognition of ownership rights over the deceased Recognition of paternity for the collection of alimony abroad Recognition of paternity through the State Civil Registry Office Recognition of the right to inheritance Reduction of alimony Refusal of inheritance in favor of another person Registration of a child born through reproductive medicine REGISTRATION OF A DONATION (DONATION AGREEMENT) Registration of care for a father: algorithm of actions Registration of care on a non-professional basis Registration of divorce abroad Registration of guardianship over a disabled child Registration of guardianship over a disabled person of the 1st group Registration of guardianship over a disabled person of the 2nd group Registration of guardianship over an elderly person Registration of inheritance Registration of inheritance in the occupied territory REGISTRATION OF PERMANENT CARE – 2025 Registration of permanent care for the wife REGISTRATION OF PERMISSION FOR THE CHILD TO GO ABROAD FROM ONE OF THE PARENTS Registration of the birth of a child in the occupied territory Registration of the birth of a child in the surrogate motherhood program in Ukraine Reissue of marriage certificate Removal of seizure from immovable property in an inheritance case Renewal of parental rights Renewal of permanent care Renewal of the birth certificate Representation in the guardianship and guardianship authorities REPRODUCTIVE MEDICINE LAWYER Restriction of parental rights Return of the child to the parents Returning a child to parents from social services abroad Setting a schedule of visits with your child Statement of claim for collection of alimony for a child Statement of claim for deprivation of parental rights Statement of claim for the adoption of a child Statement of claim for the removal of seizure from inherited property Support for divorce in Poland Support for registration of marriage with a military man Support in determining the place of residence of a child with his biological father Surname change after marriage with a foreigner Termination of parental rights by father’s consent THE TRANSFER OF LAND BY INHERITANCE THE TRANSFER OF REAL ESTATE TO INHERITANCE Travel abroad of a guardian of a disabled child Travel abroad of a guardian of an incapacitated person Turnkey divorce URGENT DIVORCE Voluntary relinquishment of parental rights