Publication date: 28.05.2024
Recovery of the inheritance term: important aspects and procedure
Inheritance of property is an important procedure governed by the current legislation of Ukraine. One of the key points in this process is to comply with the set deadline. However, there are different circumstances in life by which the heir can skip a certain period. In this case, the question arises as to the possibility of restoring the term of inheritance.
Terms of inheritance
According to the Civil Code of Ukraine, the total term of inheritance is 6 months from the date of opening of the inheritance. This means that within the specified term, the heir must submit a corresponding application of the notary and take other necessary actions to acquire the right to hereditary property.
However, the legislation provides for cases where the term of inheritance may be extended. This is done to protect the rights of heirs, which for valid reasons (for example, prolonged absence, illness, stay in prisons, etc.) could not be inheritance in time.
Recovery of the inheritance term
If the heir has missed the deadline for inheritance, he or she has the right to apply to the court with a statement of period. The court considers such a statement and resolves the issue of renewal, based on certain criteria.
The main condition for the restoration of the inheritance period is the presence of valid reasons why the heir could not accept the inheritance in a timely manner. Valuable reasons are understood as circumstances that objectively made it impossible to accept the recession in a timely manner: prolonged absence, severe illness, stay in prison, etc.
In addition, the court should make sure that the heir did not know and could not know about the opening of the inheritance, and that he went to court immediately after the reasons for missing the deadline.
When considering the application for the renewal of the inheritance, the court must consider all the available evidence and circumstances of the case. If it is found that the heir really had valid reasons for missing the deadline, the court would decide to restore it.
Procedure for recovery
The procedure for restoring the inheritance period begins with the submission of the relevant application to the court at the place of opening of the inheritance or at the location of the real estate, which is part of the inheritance.
The statement should clearly state the circumstances that prevented the timely acceptance of the inheritance, as well as to indicate the reasons why the heir missed the term. It is important to support your arguments with proper evidence: documents, witnesses, and more.
After considering the application and the evidence provided, the court makes a decision to restore or refuse to recover the inheritance. If the decision is positive, the heir is given a new term to take the necessary actions to take the inheritance.
It should be remembered that the renewal of the inheritance period is only possible in court. It is impossible to extend the term on its own, as it will contradict the legislation.
In addition, there are some restrictions on the maximum period that can be restored by the court. Usually it should not exceed six months from the date of elimination of the causes of the previous period.
Summarizing, the renewal of the inheritance period is an important tool for protecting the rights of the heirs in cases where they have not been able to decorate the inheritance in a timely manner for valid reasons. However, for this purpose it is necessary to follow the procedure established by law and to provide the court with convincing evidence. Therefore, in such situations, it is recommended to seek qualified legal assistance to ensure the proper protection of their rights and interests.
