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Family law Establishing the fact of non-acceptance of inheritance

Sulyk Roman

Head of family law practice

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sulyk@prikhodko.com.ua

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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.

Establishing the fact of non-acceptance of inheritance

When is it possible not to accept an inheritance? Quite a lot of citizens of Ukraine are interested in this question in practice because not every person wants to accept an inheritance for various personal reasons (for example, there are significant debts of the testator that need to be repaid at the expense of inherited property).

However, there is also another category of citizens for whom it is important to establish the fact of non-acceptance of the inheritance by other heirs to acquire the right of ownership of the inherited property after the death of the testator. This shows the relevance of consideration of this topic.

Therefore, in this article, we will analyze in detail the specifics of establishing the fact of non-acceptance of inheritance, taking into account current legal norms.

Why do individuals need to establish the fact of non-acceptance of inheritance?

The Central Committee of Ukraine defines that inheritance can be accepted by citizens according to the will or in order of priority according to the law within the term established by the law.

As a general rule, such a term is set at 6 months. However, the prescriptions of Part 2 of Art. 1270 of the Central Criminal Code states that if a situation arises when a citizen can inherit an inheritance only in case of non-acceptance of the inheritance or refusal to accept it by other heirs, then the terms for accepting the inheritance are 3 months from the moment of the latter’s refusal to inherit.

If the total term for accepting the inheritance is less than 3 months, it is automatically extended to 3 months.

Thus, establishing the fact of non-acceptance of inheritance is necessary for the proper right of inheritance by law, since citizens carry out such inheritance in the order of priority of the existing queues (there are six of them in total) and they need to prove the fact that other heirs did not accept the inheritance.

Judicial practice

From the decision of the Supreme Court of July 26, 2023, in case No. 641/3893/20, it can be concluded that the fact of non-acceptance of inheritance is necessary for persons in the event of inheritance of property by law.

The essence of the matter

The plaintiff appealed to the judicial authority with a claim against another heir to establish the fact of non-acceptance of the inheritance.

She substantiated the claims as follows. She noted that on the day of the death of her parents, who were the testators, she constantly lived with them and was registered in the house.

The defendant was also registered together with her and her parents at the place of registration, but he has not lived in this house for more than 10 years.

Therefore, establishing the fact of the defendant’s rejection of the inheritance is necessary for her to inherit the property after the death of her parents according to the law.

The very fact that the defendant does not live at the place of registration is confirmed by relevant evidence in the case, namely: acts, receipts for payment of utility services, and written explanations of witnesses.

The plaintiff noted that given the fact that the defendant had not lived with his parents for the past 10 years, he therefore lost his legal right to inherit the property after their death.

The panel of Supreme Court judges examined the evidence in the case and came to the conclusion that the fact of non-acceptance of the inheritance was necessary for the plaintiff to exercise her legal right to inherit under the law, and therefore satisfied the cassation appeal in part and annulled the decisions of the courts of previous instances.

If you need to establish the fact of non-acceptance of inheritance by one or all heirs, then in such a situation be sure to contact the Prikhodko and Partners law office.

Our lawyers will familiarize themselves with your case in detail, and provide the necessary consultations and options for possible actions to achieve the desired result, as they have many years of experience in the field of inheritance law in Ukraine.

Establishing the fact of non-acceptance of inheritance

Why do individuals need to establish the fact of non-acceptance of inheritance?

Judicial practice

The essence of the matter

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