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Publication date: 15.05.2024
Appealing the actions of a notary during inheritance registration: protection of your rights and interests
The process of registration of inheritance is often accompanied by numerous legal nuances and requirements, where the role of a notary is key. However, in some cases, the decisions and actions of the notary may be erroneous or biased, which may lead to a violation of the rights of the heirs. In such a situation, it is important to know how to appeal the decisions and actions of the notary during the registration of inheritance.
Appealing the notary's decisions
If you believe that the notary's decision during the registration of inheritance is improper or illegal, you have the right to appeal it. Decisions of the notary can be challenged administratively or judicially.
The administrative appeal procedure involves submitting a complaint to a higher notary body, for example, to the Notary Chamber of Ukraine or the territorial administration of justice. This procedure is faster and less expensive, but is limited to the competence of the relevant authority.
The judicial procedure for appealing the notary's decisions provides for an appeal to the administrative court with an administrative lawsuit. This way is longer and more expensive, but it allows you to completely review the case and get a decision that is mandatory for the notary.
Challenging the notary's actions
In addition to challenging the decisions, you can also challenge the notary's actions if they violate your rights or interests during the inheritance process. This may refer to cases of delay in the process, unjustified refusal to perform notarial acts, violation of deadlines or procedures.
The appeal of the notary's actions is carried out in the same manner as the appeal of decisions: by submitting a complaint to a higher notary body or by appealing to an administrative court.
It is important to remember that there are statutory deadlines for appealing the decisions and actions of a notary public, which must be followed.
Grounds for appealing the decisions and actions of the notary public
There are several main grounds for contesting the decisions and actions of the notary during inheritance registration:
1. Violation of legislation governing inheritance.
2. Incorrect interpretation or application of legislation.
3. Violation of procedural requirements during notarial acts.
4. Biased attitude of the notary to the parties or conflict of interests.
5. Refusal to perform notarial acts without proper grounds.
Evidence and justification of the complaint
When challenging the decisions and actions of a notary public, it is important to properly justify your position and provide the necessary evidence. These can be:
- Copies of documents related to registering an inheritance
- Testimony or written explanations of the parties or witnesses.
- Expert opinions, if they are relevant.
- Reference to the legal norms that were violated by the notary.
A clear statement of the circumstances of the case and an argumentation of one's position will increase the chances of successfully challenging the notary's decisions and actions.
Conclusion
Appealing the decisions and actions of the notary during the registration of inheritance is an important tool for protecting the rights of heirs. Although the appeals process can be complex and time-consuming, it restores justice and ensures compliance with the law.
If you believe that the decisions or actions of the notary during the registration of inheritance violate your rights or interests, do not hesitate to appeal to the relevant authorities or the court. A timely and well-founded appeal will help protect your legal rights and interests in the case of property inheritance.
