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Publication date: 30.04.2024
Lawyer with 15 years of legal experience, specialization: family and civil law, inheritance, contract law, criminal cases, administrative cases, cases involving foreigners, migration law
Acceptance of an inheritance by a notary in Ukraine is one of the ways to legalise the heirs' rights to inheritance by law. This process is regulated by the current legislation of Ukraine and requires heirs to comply with certain procedures and requirements.
Legal requirements
Ukrainian legislation provides for the possibility of accepting an inheritance by drawing up an inheritance deed with a notary. According to the Civil Code of Ukraine, an inheritance deed must be drawn up in a notarised form, subject to the availability of relevant documents, and defines the rights and obligations of the heirs.
Procedure for accepting an inheritance
In order to accept an inheritance from a notary, the heirs must apply to a local notary at the deceased's last place of residence. The notary will consult with the heirs, determine their rights and obligations, as well as the requirements for submitting documents.
Based on the documents and information provided, the notary will open an inheritance file. The procedure for accepting an inheritance from a notary in Ukraine allows you to legalise the rights of heirs and ensure their legal security in relation to inheritance. Compliance with all legal requirements and proper presentation of documents ensures the successful completion of the inheritance procedure.
Documents required for inheritance
To apply to a notary, you must submit the following documents:
Passports of the heirs;
Death certificate of the deceased;
Other documents confirming the right to inherit (will, inheritance agreement, etc.).
In addition, the notary also needs title documents to the inherited property. These may include purchase and sale agreements, lease agreements, certificates of ownership of real estate, bank deposits, shares, and other financial documents confirming the deceased's ownership of various assets.
Other possible documents may include birth and marriage certificates, documents confirming cooperation or partnership between the heirs and the deceased, and any other documents that may be useful for the acceptance of the inheritance.
Legal consequences of accepting an inheritance from a notary
A certificate of inheritance issued by a notary has firm legal force and is recognised by state authorities and all interested parties. It allows heirs to legally exercise their rights to inherit and dispose of the deceased's property in accordance with the law.
The role of a lawyer in accepting an inheritance from a notary
Legal advice: The lawyer provides the heirs with legal advice on their rights and obligations in connection with the inheritance. He explains the legal aspects of the procedure and advises on the best course of action.
Preparation of documents: The lawyer helps with the preparation of the necessary documents for inheritance, in particular, ensures that the legal documentation is correct and complete.
Representation of interests: If necessary, the lawyer can represent the interests of the heirs in interaction with the notary and other parties, which may include negotiations, agreeing on terms and settling disputes.
Protection against unfair practices: The lawyer acts as a defender of the rights of the heirs, avoiding possible unfair actions or unlawful interference in the process of accepting the inheritance.
Mediation and dispute resolution: In cases of conflict, a lawyer can mediate between the heirs and assist in resolving any disputes or misunderstandings.
Legal control of the process: A lawyer exercises constant legal control over the process of inheritance, ensuring its compliance with the requirements of the law and protecting the rights of the heirs. Term of inheritance, accept the recession, recovery.
Thus, acceptance of the inheritance by a notary in Ukraine is an important stage in the legalisation of the heirs' rights and ensuring their legal interests in relation to inheritance. Compliance with all legal requirements and the preparation of the necessary documents by a notary guarantees legal security and ensures the legitimate use of the inheritance.
