Publication date: 24.05.2024
lawyer, 23 years of experience in enforcement.
Registration of the right to inherited property located outside of Ukraine
Ukraine, as a member of the Council of Europe, signed the Convention on the introduction of the system of registration of wills, according to which each of the parties to the Convention is obliged to establish a body responsible for the registration of wills in other contracting parties, as well as to implement a registration system to facilitate the discovery of the existence of a will after the death of the testator (Articles 1, 2 of the Convention on the introduction of the system of registration of wills).
The heir can find out about the presence of inherited property abroad with the help of the Inheritance Register, having received an extract on the presence or absence of certified wills or inheritance contracts. In accordance with the provisions of the Order of the Ministry of Justice of Ukraine "On the Approval of Provisions on the Inheritance Register" dated 07.07.2011 No. 1810/5, the procedure for maintaining and using the Inheritance Register, entering into it information about wills and inheritance contracts certified in Ukraine or registered in foreign countries is established. One of the registrars of the Inheritance Register is the state enterprise "National Information Systems" and its regional branches, which carry out the registration of wills, inheritance contracts certified by consular institutions of Ukraine, as well as changes to such wills. (Part 1.3.2. Article 1.3 of the Order)
If the consul becomes aware of an inheritance that has been opened for the benefit of citizens of Ukraine living in Ukraine, the consul shall immediately transfer to the Ministry of Foreign Affairs of Ukraine all the data known to him about such an inheritance and possible heirs.
According to paragraphs 1.2. Clause 1 of Chapter 10 of Section II of the Procedure for Notarial Acts by Notaries of Ukraine, approved by the Order of the Ministry of Justice of Ukraine dated 22.02.2012 No. 296/5, upon application by the heir in connection with the opening of the inheritance, the consul finds out, among other things, information about the fact of the death of the testator, the time and heritage discovery sites. According to Clause 2 of Chapter 10 of Section II of the Procedure, the inheritance case is established by a notary at the place of opening of the inheritance.
According to clause 3.11.3, the heir who wishes to accept the inheritance, but at the time of the opening of the inheritance did not live permanently with the testator, must submit an application for acceptance of the inheritance to the consul. A written application for acceptance of inheritance is submitted by the heir personally to the consul (clause 3.11.6).
Clause 3.11.11 establishes a list of documents that are evidence of family and other relations between the heirs and the testator:
- certificates of civil registration authorities
condition;
- copies of act records;
- copies of court decisions, which have entered into force, establishing the fact of family and other relationships.
According to clause 3.11.6, if the application, on which the authenticity of the heir's signature is not certified, is received by mail, it is accepted by the consul, an inheritance case is opened, and the heir is invited to send a duly executed application or to come personally to the consul.
Heirs who missed the deadline for accepting the inheritance may, with the consent of all other heirs who accepted the inheritance, submit an application for acceptance of the inheritance to the consul at the place of its opening.
In accordance with Clause 3.11.12, in order to issue a certificate of the right to inheritance, the consul checks the fact of the death of the testator, the time and place of the opening of the inheritance, the existence of grounds for calling for inheritance according to the law of the persons who submitted an application for the issuance of the certificate, the composition of the inherited property for which it is issued a certificate of the right to inheritance, the existence of a will according to the data of the Unified Register of Wills and Inheritance Cases. Corresponding documents must be requested from the heirs to confirm these circumstances.
When issuing a certificate of the right to inherit under a will, the original or duplicate of the will submitted by the heir remains in the consul's affairs.
So, as can be seen from the above, in order to receive an inheritance abroad, it is advisable to obtain the services of a lawyer or the sound advice of a lawyer.
Legal service "Consultant" provides all types of legal services, including online legal services. Specialists of our service will make a legal analysis of the situation to determine the procedure for obtaining an inheritance abroad and will help collect the necessary documents and, if necessary, accompany the court process.
