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Family law Recognition of the right to 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.

Recognition of the right to inheritance

In this article, we will consider the legal basis, procedure and features of judicial recognition of the right to inheritance in Ukraine.

Recognition of the right to inheritance is the establishment in court of the fact that the heir owns a share or all of the inherited property.

This right arises both in the case of opening an inheritance by law and by will.

Grounds for judicial recognition of the right to inheritance

Missing the deadline for acceptance of inheritance

The heir has the right to apply to the court if he missed the six-month period for accepting the inheritance for good reasons. The court may recognize his/her right to inheritance if it establishes that the missed deadline was due to objective circumstances.

Judicial practice recognizes the following as valid reasons:

Serious illness of the heir
Stay on a business trip or abroad without the possibility of return
Lack of awareness of the death of the testator for objective reasons
Other circumstances that made it impossible to apply in a timely manner

Missing or lost Documents

When it is impossible to confirm inheritance rights with documents, the court may establish:

The fact of family relations with the testator
The fact of living in one family
The fact of the testator’s retention

Refusal of a notary to issue a certificate

A notary may refuse to issue a certificate of inheritance for various reasons. In this case, the heir has the right to appeal against the refusal of the notary or file a claim for recognition of the right to inheritance.

Disputes between heirs

When disputes arise regarding the composition of heirs, shares in the inheritance or hereditary property, the issue is resolved exclusively in court.

It will also be useful: Establishing the fact of family relations for acceptance of inheritance

Procedure for judicial recognition of the right to inheritance

Step 1: Preparing a statement of claim

Step 2: Collection of evidence

The following must be attached to the claim:

Testator’s death certificate
Documents confirming family relations
Documents of inheritance property
Evidence of missed deadline (if relevant)
Notary’s refusal (if any)
Other documents confirming the claims

Step 3: Trial

The court considers the case according to the rules of claim proceedings, examines the evidence, hears the explanations of the parties and witnesses. If the application is justified, the court makes a decision on the recognition of the right to inheritance.

Step 4: Obtaining a certificate

After the court decision comes into force, the heir applies to the notary to obtain a certificate of the right to inheritance on the basis of a court decision.