Attorney
Specializes in civil and family law. Experience in civil service in the field of DRACS (State Registration of Civil Status Acts) helped to better master the subtleties of civil and family and inheritance law. Also researches the inheritance law systems of continental Europe and the USA (I write scientific articles to enter graduate school)
Heritage with a foreign element
Inheritance with a foreign element arises when the inheritance case is connected not only with Ukraine but also with another state. For example, the testator is a foreigner, the heirs reside abroad, the death is registered in another state, and the real estate is located in Ukraine.
In such cases, the usual advice to contact a notary is often insufficient. It is necessary to determine the applicable law, check documents, deadlines, tax implications, the possibility of remote representation, and the risks of future disputes.
Such cases are particularly relevant in the context of the war. Clients may reside in the USA, EU countries, Turkey, or other states, be unable to come to Ukraine, yet simultaneously require the registration of ownership rights to Ukrainian real estate.
That is why inheritance cases with a foreign element require not just formal support, but a full legal strategy.
When does an inheritance case have a foreign element?
A foreign element in inheritance arises when the inheritance case is connected not only with Ukraine but also with another state. It is important for a lawyer to establish not only the fact of the testator’s death and the circle of heirs but also all legally significant connections of the case with other jurisdictions.
Specifically, a foreign element may be present if:
- the testator was a citizen of another state or died abroad;
- the heirs are foreigners, have multiple citizenships, or reside outside Ukraine;
- documents concerning death, marriage, birth of children, or the composition of heirs were issued by foreign authorities;
- a foreign court has already determined the circle of heirs, but the inherited property is located in Ukraine;
- the real estate is registered in Ukraine, and the inheritance procedure partially took place abroad.
In such situations, a lawyer must determine which law applies to specific property.
For real estate, the rule of property location is key: if an apartment, house, or other real estate object is located in Ukraine, the registration of inheritance rights must take place considering Ukrainian legislation.
A foreign court decision may have important evidentiary value, particularly for confirming the circle of heirs or their shares. At the same time, it does not always automatically replace the Ukrainian notarial or judicial procedure concerning real estate located in Ukraine.
That is why in inheritance cases with a foreign element, it is necessary to separately assess whether foreign documents are sufficient for notarial registration of the inheritance, or whether judicial protection in Ukraine is required.
Practical case: testator from Turkey, heirs in the USA, apartments in Kyiv
A client residing in the USA with two minor children and having multiple citizenships contacted Prikhodko and Partners Law Firm.
She was married to the testator, a citizen of Turkey, but the marriage had already been dissolved at the time of his death. The testator had four children: two adult children from the first marriage and two minor children from the marriage with our client.
After the dissolution of the marriage, the testator invested in real estate in Ukraine and purchased two apartments in one of Kyiv’s modern residential complexes. The total value of the property amounted to over 200,000 US dollars. The testator died in Turkey. By the decision of the Turkish court, all four children were recognized as heirs with shares of 1/4 each.
At first glance, the situation seemed settled: there is a court decision, there are heirs, there are shares. But the Ukrainian part of the case was significantly more complicated.
The client remarried and changed her surname, so it was necessary to documentarily confirm her identity, change of surname, status as the children’s legal representative, the children’s kinship with the testator, and the right to act in their interests.
It was necessary to collect documents from the USA and Turkey, ensure apostilles, translations into Ukrainian, and properly define the powers in the power of attorney.
The main legal problem: deadlines and future risks
About two years had passed since the testator’s death. For our client’s minor children, this did not mean the loss of inheritance rights.
According to Ukrainian legislation, a minor person is considered to have accepted the inheritance if a statement of refusal of inheritance was not submitted on their behalf. Therefore, extending the deadline is not necessary for such children.
For the testator’s two adult children, the situation was different. If they did not apply in Ukraine with statements of acceptance of inheritance within the six-month period, they could be considered as not having accepted the inheritance in Ukraine.
At the same time, risks remained:
- Did they know about the property in Ukraine?
- Will they apply to the court for the determination of an additional period?
- Will they challenge the registered ownership rights in the future?
In such cases, the lawyer must think not only about how to obtain the certificate of the right to inheritance but also about the future legal clarity of the property. If the real estate is to be sold, the risks should not pass to the buyer or create a dispute after the contract is concluded.
How the lawyer minimized the risks?
In this case, it was important not just to submit documents to the notary, but to choose a course of action that minimizes the risks of a future dispute between the heirs and avoids problems after registering the ownership rights.
The complexity lay in the fact that in similar situations, the positions of notaries may differ. Some notaries believe that the heirs’ shares should be determined in accordance with the foreign court decision.
Others take a more cautious position and believe that it is advisable to establish ownership rights to real estate in Ukraine through a Ukrainian court. Still others may insist on obtaining additional materials from the foreign inheritance procedure.
Considering these risks, the lawyer chose a practical procedure that allowed confirming the circle of heirs, assessing the deadlines for acceptance of the inheritance, and reducing the likelihood of future challenge.
For this, the following actions were taken:
- A duly executed copy of the Turkish court decision with an apostille and translation into Ukrainian was obtained. This decision confirmed the circle of heirs and the shares of each of them;
- An algorithm for remote registration of the inheritance in Ukraine was prepared, including power of attorney, applications, translations, apostilles, and communication with the notary;
- The deadlines for acceptance of the inheritance for each heir were separately analyzed. Minor children are considered to have accepted the inheritance by operation of law, while for adult heirs, the issue of deadlines could create risks;
- Other heirs were offered to provide statements confirming that they were notified of the deceased’s property in Ukraine and had no intention of applying to the court in Ukraine to extend the period for acceptance of the inheritance;
- Tax implications for non-residents were taken into account, specifically the taxation of inherited property in Ukraine at 23% of its appraised value;
- Risks of further real estate sales were assessed so that after the inheritance registration, the client and future property acquirers would not face problems with the ownership right.
This situation is individual, as heirs do not always reach agreements and do not always act predictably. Therefore, the lawyer must evaluate not only the possibility of registering the inheritance but also the risks after registering the ownership rights and the possible sale of the property.
As a result: the client, as the legal representative of the minor heirs, with the support of Prikhodko and Partners Law Firm, was able to remotely, without traveling to Ukraine, register the real estate in the names of the two minor children within a short timeframe and with minimized costs and legal risks.
The role of a lawyer in cross-border inheritance
In inheritance cases with a foreign element, the lawyer is not limited to preparing an application for the notary.
Their task is to determine the complete legal route of the case: establish the applicable law, verify the status of each heir, assess the deadlines for accepting the inheritance, analyze foreign documents, prepare a power of attorney, organize apostilles and translations, and anticipate the risks of future disputes.
It is especially important that the inheritance registration does not create problems in the future, particularly during the sale of real estate or the state registration of ownership rights for a new owner. Therefore, the lawyer must evaluate not only the possibility of obtaining the certificate of the right to inheritance but also the subsequent legal security of the property.
Prikhodko and Partners Law Firm handles inheritance cases with a foreign element when the heirs reside abroad, the testator was a foreigner, or the inherited property is located in Ukraine.
We analyze documents, determine the course of action, prepare applications, powers of attorney, translations, apostilles, and support notarial registration, state registration of ownership rights, and, if necessary, judicial protection.
Cross-border inheritance is possible if the case is handled by a specialized lawyer and an experienced team of lawyers who understand not only inheritance law but also the international element, notarial practice, tax consequences, and risks of future challenge.
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1 question
Are you an heir in Ukraine, but live abroad and do not have a representative to register the inheritance?
2 question
Do you need advice from an English-speaking lawyer regarding inheritance in Ukraine, registration of documents or representation of interests of foreign heirs?
3 question
Do you need to calculate the costs of registration of inheritance in Ukraine, taxes for a non-resident and notary fees before starting the procedure?
What does "inheritance with a foreign element" mean?
An inheritance case has a foreign element when it is connected not only with Ukraine but also with another state (for example, the testator or heirs are foreigners, reside abroad, the death was registered abroad, or documents were issued by foreign authorities).
In such cases, the usual advice to contact a notary is often insufficient; a full legal strategy is required.
What is the key rule applied to inheriting real estate in Ukraine?
The key is the rule of property location: if the real estate (apartment, house, etc.) is located in Ukraine, the registration of inheritance rights must take place considering Ukrainian legislation.
A foreign court decision does not always automatically replace the Ukrainian procedure.
What is the main legal problem regarding the deadlines for accepting an inheritance?
The main problem is adherence to the six-month deadline for adult heirs, as missing it can create risks and lead to the need to apply to court. For minor children, the deadline does not need to be extended, as they are considered to have accepted the inheritance by operation of law.
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