Publication date: 16.10.2024
Lawyer with 15 years of legal experience, specialization: family and civil law, inheritance, contract law, criminal cases, administrative cases, cases involving foreigners, migration law
Inheritance is a responsible and complex process that requires knowledge of legal regulations, attention to detail and proper collection of documents. Most heirs face difficulties when it comes time to claim their inheritance. Even minor mistakes can lead to delays in the procedure, loss of inherited property or legal conflicts with other heirs. In this article, we will review the main mistakes to avoid and provide practical advice on how to successfully complete this process in Ukraine.
What is an inheritance and what are the peculiarities of its registration?
An inheritance is the property, rights and obligations of a deceased person that are transferred to his or her heirs by law or will. In Ukraine, the inheritance process is regulated by the Civil Code and the Notary Law. Inheritance registration requires adherence to clear procedures, including timely application to a notary and proper execution of documents. However, due to a lack of knowledge and lack of awareness of legal aspects, heirs often make mistakes that significantly complicate or even make it impossible to receive an inheritance.
The main mistakes in inheritance registration
- Missing the deadline for inheritance.
According to the current legislation of Ukraine, the heir is obliged to apply to a notary within six months of the testator's death. This deadline is critical, as missing it may result in the loss of the right to inherit. If the heir fails to submit the application by this time and does not have a valid reason for missing it, his or her inheritance rights may be lost.
- Incomplete or incorrectly executed package of documents.
It is a very common mistake to submit an incomplete or incorrectly executed package of documents to open an inheritance case. This usually leads to delays in the process and the need to submit additional documents. The mandatory list of documents includes a death certificate, documents confirming kinship, title documents for the property to be inherited, etc.
- Uncertainty about the amount of inherited property.
Often, heirs do not have complete information about the inherited property, which can lead to difficulties in the inheritance process. For example, the registration of rights to certain real estate or bank deposits, which are also part of the inheritance, may be missed. Such uncertainty can lead to lengthy litigation between heirs.
Why it is important to avoid mistakes when making an inheritance
- Delaying the inheritance process.
Every mistake or inaccuracy in the documents can lead to significant delays in the inheritance process. This may be due to the need for additional court proceedings or the correction of errors in documents, which will take time and resources.
- Possibility of losing the right to inheritance.
Missing deadlines or failing to comply with mandatory legal requirements may result in the heir losing the right to inheritance property. Inheritance rights can only be restored through a court or with the consent of other heirs, which also complicates the process.
- Legal conflicts with other heirs.
Unresolved issues regarding inherited property or errors in its registration may cause conflicts between heirs. This may lead to litigation, which will significantly complicate the process of distributing the inheritance and may result in financial costs.
Tips for the correct execution of an inheritance
- Apply to a notary in a timely manner.
One of the most important conditions for successful inheritance is timely application to a notary. If you miss the deadline for filing an inheritance claim, you can only regain this right through the courts. To avoid such problems, contact a notary immediately after receiving the testator's death certificate.
- Collecting and submitting a full package of documents.
Before starting the inheritance process, you need to prepare all the necessary documents. This includes not only the basic documents, such as the death certificate and documents on kinship, but also the title documents to the property. It is important to ensure that the package of documents is complete, as even one missing certificate can delay the entire process.
- Consultation with a lawyer or notary.
To avoid mistakes and simplify the inheritance process, you should contact a qualified lawyer or notary. They will help you prepare all the necessary documents, advise on possible nuances and help you in case of difficult situations.
Procedure for avoiding mistakes in inheritance registration
- Applying to a notary.
First of all, the heir must apply to a notary to open an inheritance case. This must be done no later than six months after the testator's death. If for some reason the heir cannot apply to a notary, his or her interests may be represented by another person under a power of attorney.
- Preparation of a complete package of documents.
To open an inheritance case, you need to prepare a package of documents. In addition to the death certificate, you must provide documents confirming your relationship with the testator, as well as documents for the property to be inherited. If there are several heirs, each of them must submit an application for inheritance.
- Registration of ownership of inherited property.
After obtaining a certificate of inheritance, it is necessary to formalise ownership of the property. This applies to real estate, vehicles and other property subject to state registration. Mistakes at this stage can lead to complications in the use of inherited property.
The main mistakes in paperwork
- Unregistered ownership.
After receiving a certificate of inheritance, the heir must register his or her ownership of the property. If this is not done, the property cannot actually be used or sold.
- Missing documents or their incorrect form.
Very often, heirs face a problem when some documents are missing or incorrectly executed. This leads to delays and the need for additional appeals to a notary or government agencies to correct errors. - Lack of awareness of the amount of inherited property.
In many cases, heirs are not aware of all the assets left by the testator. These may include bank accounts, real estate or securities. Lack of information about all property can lead to the loss of part of the inheritance.
Question
Can I extend the time limit for applying to a notary if I have missed the six-month deadline?
Answer
If you have missed the six-month deadline, you can apply to the court to restore it by providing evidence of good cause. The court will consider all the circumstances and may recognise your reasons as valid if you were unaware of the testator's death or other circumstances prevented you from applying in a timely manner.
The main risks when registering an inheritance
Missed deadlines: Failure to apply to a notary in time can lead to the loss of the inheritance.
Incorrect execution of documents: Errors in the documents can significantly delay the process.
Legal disputes: Conflicts between heirs can arise due to the incorrect distribution of inheritance.
Inheritance in Ukraine is a complex legal process that requires attention to detail and strict adherence to legal regulations. Even minor mistakes can have serious consequences, including the loss of inherited property or delays in receiving it. To avoid mistakes, it is important to contact a notary in a timely manner, prepare documents correctly and, if possible, seek professional legal advice. This will help you successfully complete the inheritance procedure and avoid unforeseen problems.
