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Publication date: 08.05.2024
Lawyer
Inheritance is one of the most important institutions of civil law, regulating the transfer of property, rights and obligations of the deceased to his heirs. However, in some cases, situations may arise when the heirs missed the deadline established by law for accepting the inheritance. At this time, the question arises about restoring the period for accepting an inheritance. In this article we will look at the key aspects and procedure for updating the deadline for accepting an inheritance.
General provisions. Term of inheritance.
According to the Civil Code of Ukraine, the period for accepting an inheritance is six months from the date of opening of the inheritance, that is, from the date of death of the testator. This deadline is quite important, since missing it can lead to loss of the right to inherit. However, the legislation provides for the possibility of restoring the period for accepting an inheritance under certain circumstances.
Grounds for reinstatement:
The deadline for accepting an inheritance can be restored if the court recognizes the reasons for missing it as valid. Such reasons may include:
1. Long-term absence of the heir due to a long business trip, hospital treatment, detention, etc.
2. Failure of the heir to properly inform about the opening of the inheritance.
3. Impossibility of timely acceptance of the inheritance due to other circumstances independent of the heir.
Renewal procedure:
The deadline for accepting an inheritance can be restored; for this, the heir must apply to the court with a corresponding application. The application must justify valid reasons for missing the deadline and provide evidence confirming these circumstances.
The court considers the application to restore the deadline for accepting the inheritance in a court hearing with the participation of the applicant and other interested parties (other heirs, a notary, etc.). After studying all the materials of the case and hearing the explanations of the parties, the court makes a decision to satisfy the application or to refuse to restore the terms.
Consequences of reinstatement:
If the application for restoration of the period for accepting the inheritance is granted, the court sets a new period, which should be sufficient for the proper registration of inheritance rights. After the court decision to restore the term has entered into legal force, the heir has the right to contact a notary to formalize the inheritance.
It is important to remember that restoring the deadline for accepting an inheritance is not an automatic and unconditional process. The court carefully examines the circumstances of the case and makes a decision based on the evidence provided and the arguments of the parties.
Innovations 2024
In 2024, changes were made to the legislation to take into account the conditions of martial law. Thus, applications for acceptance of an inheritance can be submitted to a notary regardless of the place where the inheritance is opened, if it is opened in a territory where public authorities are temporarily not exercising their powers.
Conclusion:
Restoring the deadline for accepting an inheritance is an important legal instrument that allows heirs to exercise their inheritance rights in the event of missing the established deadlines for a good reason. However, to successfully restore the deadline, it is necessary to properly substantiate the grounds and provide relevant evidence. A timely appeal to the court and compliance with procedural requirements is the key to a positive resolution of the issue of restoring the deadline for accepting an inheritance.
