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Publication date: 28.05.2024
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Renewal of the term of acceptance of inheritance
Ukrainian legislation provides for the possibility of renewing the deadline for acceptance of inheritance in cases where the heir has missed the statutory deadline for such acceptance.
According to the Civil Code of Ukraine, the term for acceptance of inheritance is six months from the day the inheritance was opened or from the day the heir became aware of his right to inheritance. However, if the heir could not accept the inheritance within this period for objective reasons (for example, due to the lack of information about the inheritance, overcoming difficulties due to circumstances beyond his control, etc.), he can apply to the court with a request on renewal of the term for acceptance of inheritance.
The procedure for restoring the time limit for accepting the inheritance involves filing an appropriate lawsuit in court, in which it is necessary to justify the reasons why the heir could not accept the inheritance within the established period, and accordingly to offer the relevant evidence. The court considers this lawsuit and makes a decision based on the evidence presented and the established procedure.
In the case of a planned appeal to the court with the issue of renewal of the deadline for acceptance of inheritance, it is recommended to contact a lawyer or a lawyer who specializes in civil law for professional advice and support in this matter.
Terms of acceptance of inheritance
According to the Civil Code of Ukraine, the term for acceptance of inheritance is six months from the day of opening of inheritance (death of the testator).In order to renew the deadline for acceptance of inheritance, it is necessary to prove that the deadline was missed for valid reasons. Such reasons may include:
- serious illness of the heir;
- long-term business trip or stay abroad;
- lack of information about the death of the testator;
- other circumstances that had a significant impact on the possibility of timely submission of the application.
Procedure for renewal of the term
1. Submission of an application to the court.
An heir who missed the deadline for acceptance of the inheritance must submit an application to the court at the place of opening of the inheritance (place of residence of the testator). In the application, it is necessary to substantiate the validity of the reasons for missing the deadline.
2. Documents attached to the application:
- a copy of the testator's death certificate;
- documents confirming the family relationship with the deceased;
- evidence confirming the validity of the reasons for missing the deadline (medical certificates, business trips, etc.).
3. Consideration of the case by the court.
The court examines the submitted application and makes a decision to renew the term of acceptance of the inheritance or to reject the application. The court can take into account all the circumstances of the case, in particular, the position of other heirs.
4. Obtaining a court decision.
In the case of a positive court decision, the heir receives a court decision to renew the inheritance acceptance period.
After that, the heir has the right to apply to a notary to submit an application for acceptance of the inheritance.
Conclusion
Renewal of the deadline for acceptance of inheritance requires compliance with a clear procedure and the presence of good reasons for missing the established deadline. The court takes into account all the submitted evidence and the circumstances of the case, making a decision that allows the heir to receive his share of the inheritance.
