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Publication date: 26.05.2024
When can the court determine an additional term for the heir to submit an application for acceptance of the inheritance?
Introduction
The process of inheriting property after a person's death is complex and often requires compliance with strict legal deadlines. One of these critical terms is the deadline for submitting an application for acceptance of inheritance. However, there are cases when the heir does not have time to submit the application on time due to various circumstances. In such situations, the legislation of Ukraine allows the court to determine an additional term for the heir to submit an application for acceptance of the inheritance. Let's consider when exactly the court can make such a decision.
Normative and legal regulation
According to the Civil Code of Ukraine, the deadline for submitting an application for acceptance of inheritance is six months from the day the inheritance was opened. If the heir does not submit an application within this period, he loses the right to inheritance. However, Article 1272 of the Civil Code of Ukraine provides for the possibility of renewal of this period by the court in case of valid reasons for the omission.
Important reasons for missing the deadline
The court may extend the deadline for submitting an application for acceptance of inheritance if the heir proves that the omission occurred for valid reasons. Such reasons may include:
Prolonged illness of the heir. If the heir was seriously ill and could not submit an application within the prescribed period, the court may recognize this as a valid reason.
Unforeseen circumstances. For example, natural disasters, military actions or other unforeseen situations that made it impossible to submit the application in a timely manner.
Stay abroad. If the heir was outside the country and did not have the opportunity to submit the application in a timely manner, this can also be considered a good reason.Ignorance of the discovery of inheritance. If the heir was not informed about the death of the testator and the opening of the inheritance, this may be a reason for renewing the term. You may be interested in the following articles: lawyer's consultation, lawyer's consultation, document analysis, legal situation analysis, written consultation, document review by a lawyer, lawyers' documents, lawyer's help online, lawyer online, legal opinion, lawyer's legal opinion, lawyer online.
The order of actions of the heir
If the heir missed the deadline for submitting an application for acceptance of inheritance, he must apply to the court for renewal of this deadline. In the statement of claim, it is necessary to specify the reasons for missing the deadline and provide evidence confirming the validity of these reasons. The court, after reviewing the case, may issue a decision on the extension of the term if it considers the reasons to be valid.
Conclusion
The court may determine an additional deadline for the heir to submit an application for acceptance of inheritance if the deadline was missed due to valid reasons. Such reasons may include a long illness, unforeseen circumstances, staying abroad or not knowing about the opening of the inheritance. In order to renew the term, the heir must apply to the court with the appropriate claim and provide evidence of the validity of the reasons for the omission. Thus, the legislation of Ukraine provides for the possibility of protecting the rights of heirs who, for objective reasons, could not submit an application for acceptance of inheritance in a timely manner.
