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Publication date: 23.05.2024
Appealing the decisions and actions of the notary during the registration of inheritance
Citizens may need to appeal the decisions and actions of a notary when registering an inheritance if they believe that their rights have been violated or the notary has improperly performed his duties. Inheritance is a responsible process, and mistakes or bias of the notary can have serious consequences for the heirs.
Challenging the actions of a notary during the registration of inheritance can be initiated in several cases, in particular:
1. Refusal to perform a notarial act on registration of inheritance. The notary can unreasonably refuse the heir to issue a certificate of the right to inheritance or other registration.
2. Violation of the deadlines for notarial actions. The notary is obliged to review the documents and issue a certificate of the right to inheritance within the term established by law.
3. Violation of the sequence of issuing certificates of the right to inheritance. The notary must follow the order of succession established by law.
4. Errors or incomplete information in notarial documents. For example, the data of the testator, heirs or share of the inherited property are incorrectly specified.
5. Illegal refusal to issue a duplicate of the lost certificate of the right to inheritance.
There are several ways to challenge the decisions or actions of a notary during inheritance registration:
1. Submission of a complaint to the notary chamber. It is a self-regulated organization that monitors the legality of actions performed by notaries.
2. Appeal to the Ministry of Justice of Ukraine, which oversees notarial activities.
3. Challenging the decisions and actions of the notary in court. This is the most radical way to protect your rights, if the previous measures did not give results.
In order to successfully challenge the notary's actions during the registration of inheritance, it is necessary to collect relevant evidence and documents that confirm violations or illegal actions. These can be written refusals, extracts from registers, testimony of witnesses, etc.
It is important to follow the established deadlines for appeals, because they are quite limited. In particular, 10 days from the announcement of the decision are set aside for challenging the notary's decisions in court.
A successful appeal of the notary's decisions and actions will allow the heirs to protect their rights and interests, and in case of violations by the notary, to bring him to justice. This is an important step to ensure legality and justice during the registration of inheritance in Ukraine.
