What to Do If You Missed the Deadline to Inherit?

What to do if you missed the deadline for inheritance?

Are you an heir but missed the 6-month deadline for filing an inheritance claim? This can become a serious issue requiring immediate legal action. If you didn't approach the notary in time, you risk being denied the issuance of a certificate of inheritance rights. However, it's important to remember that this is not a verdict! The legislation allows you to request an additional period if you provide the court with valid reasons for the missed deadline. It’s clear that courts now approach such situations more strictly, so it's essential to understand all legal aspects and prepare a proper justification for your position.

If you've missed the inheritance deadline, don’t panic. In order to file for inheritance after the deadline has passed, you need to go to court with a lawsuit to restore the missed deadline. However, the court will only consider your request if you can prove that the deadline was missed due to valid reasons.

Situations where heirs can receive an additional deadline for accepting an inheritance can vary. For example, valid reasons may include the following:

1. Insufficient information: If you were not aware of the inheritance opening or were not properly notified.
2. Serious illness or disability: If, due to health issues, you were unable to file in time.
3. Staying abroad: If you had circumstances that prevented you from filing your claim on time.
4. Reasons for lack of awareness: If you were unaware of your right to inheritance due to a lack of communication with relatives or other circumstances.

In these cases, you should prepare the necessary documents that support your statements. These may include medical certificates, documents confirming your stay abroad, or other evidence. It’s important to note that the more evidence you provide to the court, the higher the chances of a favorable outcome.

How to prepare a lawsuit?

Preparing a lawsuit is a crucial stage in the case of restoring the missed deadline for accepting inheritance. In your lawsuit, you should indicate:

• The name of the court where the lawsuit will be submitted.
• Your details as the heir and the deceased's details.
• A description of the reasons for missing the inheritance deadline.
• A list of documents supporting your reasons (e.g., medical certificates, documents of your stay abroad, etc.).
• A reference to your inheritance claim.

When submitting a lawsuit to the court, it’s crucial to clearly formulate your demands and provide all necessary documents. Without them, the court may refuse to consider the case or delay the process. This is why consulting an experienced lawyer is very important in such cases.

Judicial practice and court preparation

Recently, judicial practice in Ukraine regarding the restoration of inheritance deadlines has become more demanding. Courts have become more cautious in making decisions and require clear evidence in favor of the claimant. To successfully prove your right to inheritance, you need to prepare all documents and present them convincingly in court.

For effective protection of your rights in court, it is advisable to hire an experienced lawyer specializing in inheritance matters. They will help you draft the lawsuit, gather the necessary evidence, and represent you during the court process.

"Question - Answer" section

How lawyers can help?

Legal consultation: Our lawyers will help you assess the circumstances and prepare a lawsuit considering all the nuances of your case.

Document preparation: We will prepare all necessary documents so your lawsuit is ready to be filed in court.

Representation in court: Our lawyers will represent your interests in court and ensure proper protection of your rights.