Issues related to inheritance law are among the most common categories of cases in judicial practice. A frequent problem requiring professional support from a lawyer is the restoration of the deadline for accepting an inheritance, which is typically six months.
Restoring this deadline can be important for those who, for certain reasons, were unable to accept the inheritance within the legally established timeframe. The restoration procedure requires the support and expert consultation of an inheritance law attorney to address this issue in accordance with legislative requirements.
The Civil Code of Ukraine defines inheritance as the transfer of rights and obligations from the deceased to other individuals—heirs. The grounds for inheritance can be legal rights or a will.
Inheritance is opened upon the death of the testator, considering either the day of death or the day the person is declared deceased. The legislation also defines the period for accepting the inheritance, the place where the inheritance is opened, and the circle of persons who may claim the inheritance.
There are various methods of inheriting the property of the deceased, including by law, by will, by the right to a compulsory share, etc. According to the Civil Code of Ukraine, heirs have six months to enter into the ownership of the inherited property. A three-month period is provided for heirs who acquire the right to the inheritance due to the refusal or non-acceptance by other heirs, according to Article 1270 of the Civil Code of Ukraine.
In the event of missing the legally established deadline for accepting the inheritance, the corresponding right is lost. However, there is an exception: if the heir was living with the deceased testator at the time the inheritance was opened, then the inheritance is acquired automatically.
However, the fact of cohabitation must be proven in court. In other cases, Ukrainian legislation provides the following ways to resolve this issue:
- Obtaining written consent from other heirs who have already acquired the right to the inheritance, allowing for the acquisition of the inheritance with the subsequent submission of a corresponding application.
- Restoration of the deadline for accepting the inheritance through court proceedings.
ONLINE HELP
We will contact you today
The Lawyers and Realtors Association of Ukraine “AROU” offers a wide range of services for the restoration of inheritance deadlines. In particular, we offer:
- Assistance in writing necessary applications and complaints to relevant authorities;
- Consultation on the reasons for restoring inheritance acceptance deadlines;
- Legal support at all stages of cooperation;Representation of your interests in court.
