Statement of claim for the removal of seizure from inherited property

Seizure of inherited property is always unpleasant news for citizens, which usually happens rather unexpectedly.

This is explained by the fact that the heirs will have to remove such arrest by filing a claim with the judicial authorities.

However, in practice, citizens often have questions about how to properly file a claim in such categories of cases, what documents should be attached to it, etc. What is the relevance of the chosen topic for today?

Therefore, in this article, we will talk about the features of writing a statement of claim for the removal of arrest from an inheritance while analyzing the provisions of Ukrainian legislation.

What is the algorithm of actions when removing the attachment from the inherited property?

• Appeal to the notary. To begin with, if a person applies to a notary with an application for acceptance of inheritance, the latter can inform him that the inheritance has been seized by the executive service and must be canceled.
• Appeal to the body that imposed the arrest(state executive service or private executor). A person with a written application turns to the state or private executor who he asks to cancel the seizure of the inherited property. In this application, you need to justify why you need the cancellation of the seizure of property.
• Appeal to the court. If the executive service or private executor refuses to lift the arrest, in this case, you need to contact the judicial authorities with a statement of claim for the removal of seizure from the inherited property. The application must be submitted to the court at the location of the seized property, such a case is considered as part of the legal proceedings.
• Obtaining a court decision. After the court decision has entered into legal force, it is necessary to contact the notary again to obtain certificates of the right to inheritance.

What should be contained in a claim for the removal of seizure from inherited property?

• full name of the judicial authority to which the claim is filed;
• information about the plaintiff – full name, address of registration and actual residence, RNOCPP, e-mail and phone number;
• data of the defendant – a state executive service body or a private executor;
• substantiation of claims to cancel the seizure of inherited property and indicate the evidence that supports your arguments;
• the list of documents and evidence attached to the statement of claim.

Importantly! In the statement of claim, it is important to prove the fact that the lien imposed on the inherited property is such that it prevents you from exercising your legal right to inherit.

What documents must be submitted together with a claim for the removal of the attachment from the inherited property?

• passport of a citizen of Ukraine ID card, or any other identity document;
• RNOCPP;
• the plaintiff’s birth certificate;
• a certificate confirming the death of the testator;
• extract from the inheritance register;
• a will (if it was made by the testator);
• a document on the refusal to lift the arrest by a state or private executor;
• documents confirming the legal ownership and acquisition of inherited property by the testator;
• a receipt for the payment of the court fee.

The above list is incomplete and may change depending on the circumstances of the case.

If you want to carefully prepare to write a claim for the removal of the attachment from the inherited property, then contact the Prikhodko and Partners law office.

Our team includes only professional specialists who understand the drafting of any procedural documents in the field of inheritance law of Ukraine and work only for the result of our clients. So don’t delay and come to us for a consultation!