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)

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Inheritance in Ukraine for Ukrainian citizens living abroad

Inheritance in Ukraine for Ukrainian citizens living abroad

Registration of inheritance in Ukraine for citizens of Ukraine who permanently reside abroad is carried out according to the rules of Book Six of the Civil Code of Ukraine, in particular: 

  • regarding the time and place of opening of inheritance (Articles 1220-1221 of the Civil Code of Ukraine); 
  • the procedure for accepting inheritance (Articles 1268-1269 of the Civil Code of Ukraine); 
  • the term of its adoption (Article 1270 of the Civil Code of Ukraine); 
  • waiver of inheritance (Article 1273 of the Civil Code of Ukraine); 
  • the possibility of determining an additional term through the court (Article 1272 of the Civil Code of Ukraine).  

Procedural issues in complex cases (in particular, establishing the fact of death in the temporarily occupied territories) are resolved in a separate proceeding under the Civil Procedure Code of Ukraine, including under a special provision of Art. 317 of the Civil Procedure Code of Ukraine, and the requirements for certification of applications/powers of attorney and their acceptance by a notary are determined by the Law of Ukraine “On Notaries” (in particular, Article 34) and the Procedure for Notarial Actions by Notaries of Ukraine (Order of the Ministry of Justice No. 296/5 of 22.02.2012).  

Documents issued abroad are used in Ukraine taking into account the rules of the Law of Ukraine “On Private International Law” (Article 13) and international procedures for the recognition of official documents (in particular, the Hague Convention of 1961 on Apostille), and in cases of damage/destruction of hereditary housing, it is possible to apply a special law on compensation for destroyed and damaged property (Law of Ukraine No. 2923-IX).  regardless of where you live.  

An heir can be a person determined by the will, or an heir by law of the corresponding priority. The fact of residence of the heir abroad does not affect the scope of inheritance rights, but determines the practical procedure for the implementation of these rights. It is crucial to meet deadlines and execute applications and powers of attorney in proper form.   

Terms of acceptance or refusal of inheritance  

The term for submitting an application for acceptance of inheritance, as well as the term for submitting an application for waiver of inheritance, is limited and is six months from the date of opening of inheritance.  

Missing the deadline creates legal uncertainty and often requires judicial settlement. Therefore, the primary legal action in an inheritance case is the timely submission of an application for acceptance of inheritance or an application for waiver of inheritance, depending on the chosen legal position.  

Place of opening of inheritance and notarial competence  

The inheritance is opened at the last place of residence of the testator.  

If the last place of residence cannot be established, or it is not documented, the issue of determining the competent notary requires a legal assessment, taking into account the location of the inheritance property and the available evidence.  

Proper determination of the place of opening of the inheritance is important, as a mistake at this stage often leads to a loss of time, repeated appeals and the risk of missing deadlines.  

Ways to Apply for Acceptance of Inheritance While Abroad  

If the heir lives outside Ukraine, he can exercise the right to accept the inheritance remotely. The choice of method depends on the country of stay, terms, available documents and whether the heir plans to come to Ukraine.  

In practice, the following options are used:  

  • Registration of an application for acceptance of inheritance through the consular office of Ukraine.  

The heir applies to the consular office of Ukraine at the place of residence, where an application for acceptance of inheritance is drawn up in the proper form.  

After certification, the application is sent to a notary in Ukraine to open an inheritance case or join an already opened case.  

  • Certification of the signature on the application by a local notary of a foreign state.  

The application can be signed at a local notary abroad. Depending on the state, this may include an apostille or consular legalization, as well as a translation into Ukrainian. 

In some countries, in practice, it is possible to certify documents in a bilingual format or in Ukrainian, if this is allowed by local rules and notary practice.  

  • Execution of a power of attorney for a representative in Ukraine.  

The most convenient option for heirs who do not plan to come to Ukraine.  

A representative, usually a lawyer, submits an application to a notary, opens an inheritance case, collects the necessary documents, communicates with a notary and completes the registration of inheritance rights in full. 

A power of attorney can also be certified not only by the consular office of Ukraine, but also by a local notary in the country of residence of the heir. After certification abroad, the document, as a rule, must be adapted for use in Ukraine.  

This issue is resolved taking into account the international legal rules of mutual recognition of documents and may provide for apostille or legalization, as well as translation into Ukrainian.  

The key practical point is the content of the power of attorney 

If the powers are not formulated broadly enough or without taking into account real actions in the inheritance case, the representative will not be able to submit applications, receive documents, interact with registers or complete the registration of ownership.  

In this case, the client has to issue a new power of attorney, which leads to loss of time, additional costs and may create a risk of missing deadlines.  

That is why it is advisable to prepare the text of the power of attorney and the statement as a draft lawyer, taking into account the practical requirements of the notarial procedure and the specifics of the case.   

Documents that are usually required in an inheritance case   

To open an inheritance case and further registration of inheritance, as a rule, you need:  

  • Death certificate of the testator.  
  • Documents confirming family relations or will.  
  • Passport data of the heir and registration number of the taxpayer’s registration card.  
  • Documents confirming the composition of the inheritance property, or data sufficient to obtain extracts from the registers. 

In practice, there is often a need to request duplicates of act records, archival certificates, extracts from state registers, documents on change of surname, confirmation of the testator’s place of residence, cadastral information on land plots, technical documents for real estate. 

Proper collection of evidence and documents is the basis for the smooth completion of the inheritance case.  

трудовий договірLegal assistance of a lawyer in inheritance cases for clients abroad  

Legal support is aimed at ensuring the proper legal form of documents, compliance with deadlines and effective passage of the notarial procedure with minimization of risks and includes:  

  • analysis of the hereditary situation (grounds for inheritance, circle of heirs, terms, risks) and strategy formation;  
  • determination of the place of opening of inheritance and a competent notary, preparation of an algorithm of actions;  
  • preparation of applications (acceptance/refusal of inheritance) and powers of attorney with the proper scope of powers;  
  • representation at a notary: opening an inheritance case, submitting documents, eliminating comments;  
  • obtaining documents through lawyers’ requests (registry office, archives, authorities, registers) and organizing the issuance of a certificate of inheritance and state registration of ownership;  
  • support of complex cases (TOT/hostilities, lack of Ukrainian documents): judicial establishment of legal facts, registration of death in Ukraine and subsequent notarization;  
  • support of cases related to damaged/destroyed hereditary property: fixation of damages, submission for compensation/housing certificate and coordination of these procedures with the inheritance case. 

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Is there a conflict over shares in the inheritance?

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Do you need to establish a fact of legal significance (e.g., fact of death/family relationship/residence)?

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4 question

Did you miss the 6-month deadline?

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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 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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 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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