Publication date: 19.04.2024
Lawyer with 15 years of legal experience, specialization: family and civil law, inheritance, contract law, criminal cases, administrative cases, cases involving foreigners, migration law
Ukrainian inheritance law establishes a time limit for accepting an inheritance after the death of an heir. This period is important for the exercise of heirs' rights and the distribution of property. However, sometimes situations may arise when the heir cannot accept the inheritance within the statutory period. In such cases, the procedure for restoring the time limit for accepting an inheritance may be applied.
Term of inheritance in Ukrainian 6 months from the date of opening of the inheritance, which occurs from the date of the heir's death. This period may be extended by a court decision in cases specified by law.
Terms, accept the recession.
Grounds for renewal of the period for acceptance of the inheritance
Force majeure and force majeure circumstances. One of the main grounds for restoring the period for acceptance of an inheritance is the existence of force majeure or unforeseen circumstances that prevented the heir from accepting the inheritance in a timely manner. This may be, for example, a serious illness, unforeseen departure, or other circumstances that made it impossible for an individual or legal entity to act within the prescribed time limit.
Lack of information about the inheritance. Another frequent reason for restoring the deadline is the lack of information about the inheritance. In some cases, the heir may not even be aware of his or her right to inheritance due to lack of notification or unfavorable life circumstances.
Inactivity of a notary or other authorities. Sometimes the inactivity of a notary or other public authorities that are supposed to provide information about the inheritance may be grounds for restoring the deadline. If the heir was forced to wait for the state authorities to resolve the issues, this may be a recognized ground for restoring the deadline.
Legal errors or actions of third parties. There may also be cases where the heir was involved in litigation related to the inheritance and therefore could not accept the inheritance in a timely manner. Legal mistakes or actions of third parties may make it impossible to accept the inheritance within the prescribed period.
Procedure for restoring the period for acceptance of the inheritance
To restore the period for acceptance of the inheritance, it is necessary to file a lawsuit with the court. The claim must set out in detail all the circumstances that made it impossible to accept the inheritance in a timely manner and provide all the necessary evidence.
The role of an attorney-at-law in the process of restoring the period for acceptance of inheritance
A lawyer can assist the heir or his representatives in preparing and filing a lawsuit to restore the period for acceptance of the inheritance. He or she will provide the necessary legal advice, draw up a statement of claim, and assist in collecting evidence.
Decision-making by the court. The court will consider the claim and decide on the restoration of the period for acceptance of the inheritance based on the evidence presented and the requirements of the law. If the claim is satisfied, the court will make a corresponding decision to restore the period for acceptance of the inheritance.
Recovery of the time limit for acceptance of an inheritance is an important procedure that allows to ensure the rights of heirs in cases where they could not accept the inheritance within the prescribed period for some reason. Compliance with the requirements of the law and legal assistance from a lawyer can significantly contribute to the successful resolution of this issue.
