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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Custody of the property of a person who is recognized as missing

Custody of the property of a person who is recognized as missing

In legal practice, quite often there are cases when a person goes missing, and his whereabouts remain unknown for a long period.  

This creates not only an emotional burden on her relatives, but also gives rise to a number of legal difficulties, in particular, regarding the preservation of her property and ensuring property rights.  

The legislation of Ukraine provides tools to protect the interests of such persons, one of which is the establishment of guardianship over their property.  

In this article, we will look at when this is possible, who can be appointed as a guardian and what responsibilities are provided for him.  

Who is considered missing?  

According to Article 43 of the Civil Code of Ukraine, a person can be recognized as missing if:  

  • he did not appear at the place of residence for one year or more;  
  • her whereabouts are unknown;  
  • There is no reliable information about her life or death.  

Official recognition of a person as missing is carried out exclusively in court — within the framework of a separate proceeding. During the consideration of the case, witness testimonies, documents, appeals to the police, authorities, etc., are taken into account.  

Important: without a relevant court decision, custody of the property cannot be established.  

Why is custody of the property necessary?  

In cases where a person is missing, his/her property remains without proper care.  

This poses a threat to:  

  • damage or loss of property (in particular, real estate or vehicles);  
  • accumulation of debts (for example, for utilities);  
  • illegal use of property by unauthorized persons.  

To avoid such consequences, the law allows the appointment of a guardian who will temporarily manage the property assets of the missing person until the moment of his return or recognition of the deceased.    

How is the guardianship established?  

After the court recognizes a person as missing, the next stage is to formalize custody of his/her property. 

To do this, you need:  

  1. Conduct an inventory of the property.  
  2. Apply to the guardianship and trusteeship authority or to a notary (depending on the situation) with an application for the appointment of a guardian.  

Who can be appointed as a guardian?  

The guardian of the property can become:  

  • an adult relative or other person who has full civil legal capacity;  
  • in the absence of such persons, a representative of the guardianship authority or an authorized person.  

What rights and obligations does a guardian have?  

The appointed guardian does not acquire ownership of the property, but has the right to:  

  • manage property within the framework of the law (for example, rent out real estate, maintain the technical condition of objects);  
  • pay mandatory payments (taxes, utility bills, debts);  
  • take measures to preserve the assets of the missing person.  

It is prohibited: to use the property in its own interests or to carry out actions that may lead to its damage or loss. The guardianship authority has the right to request periodic reports on the management of the property. 

Legislative innovations  

In 2024, the amendments provided for by Law No. 9235 came into force, which allowed courts to apply to banks with a requirement to provide information about the accounts of a person recognized as missing. This has greatly facilitated access to financial information for custody purposes.  

In addition, during martial law, certain provisions of the Law of Ukraine “On the Legal Status of Persons Missing in Special Circumstances” are in force, which simplify the application procedure and allow military administrations to be involved in search activities.  

When does guardianship end?  

Guardianship over the property of a missing person is terminated in the following cases:  

  • the person has returned or his/her whereabouts have become known;  
  • the court declared her dead;  
  • the heirs officially entered into the inheritance.  

After the end of the guardianship, the guardian is obliged to submit a report and transfer the property either to the person himself or his heirs (as the case may be).  

Thus, custody of the property of a missing person is an effective instrument of legal protection that allows you to preserve the material values of a missing person, as well as to ensure the interests of his family and creditors.  

The procedure requires a court decision, proper execution of documents and the fulfillment of a number of legal formalities.  

The process of recognizing a person as missing and assigning custody of his/her property contains many nuances.  

The team of lawyers of Prikhodko & Partners provides full legal support: from the preparation of applications to the court to the execution of all necessary decisions and documents.  

Contact us — we will provide a professional approach, quick response and result 

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1 question

Do you have a court decision declaring the person missing?

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2 question

Has an inventory of the missing person's property been conducted?

Yes
No

3 question

Do you have a refusal to register custody of the property?

Yes
No

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