LEGAL ASSISTANCE IN UKRAINE

Inheritance matters

We check the grounds of a claim, the time limits, the will, who the heirs are, what the assets are and what they are worth, and the debts that also form part of the estate.

The review is done with partner advocates. After it we say whether a notarial act or an agreement is enough, or whether a court and outside specialists are needed.

What the work covers

A review of each inheritance matter

You do not yet know whether you have a right, or where to start.

Family links.
Documents that exist, and documents that have been lost.
Accompanying a will if there is one.
Time limits, the assets, the heirs, and disputes that already exist.

The result is a written conclusion and a plan of the main steps, with an estimate of the resources required.

Formalising the inheritance in Ukraine

The estate is already open and has to be formalised. We organise the path from reading the documents and collecting the missing ones through to the notary, the valuation, and registration of the new owner’s right.

An inheritance in Ukraine while you are abroad

If you cannot come to Ukraine for an objective reason, we formalise the necessary documents and the procedural steps inside Ukraine at a distance. Steps that the law requires you to take in person remain yours.

Difficult acceptance and court disputes

A conflict between relatives is only the outside of the problem. We take the case apart by its ground: which right, which breach, who the proper defendant is, which remedy, and which evidence.

A check of an inheritance abroad

The check identifies the deceased relative, looks for the inheritance files and assets that can be reached, and ties them to you in the documents.

Property that is found is not, by itself, a right.

A paid check can end without confirmation: the report says what was checked, what was found, and what could not be reached. A separate official search for inheritance papers and wills over ownerless property is possible in the jurisdictions where that search exists.

A search for the whole of the estate

We look for the estate beyond the obvious papers.

Cryptocurrency on exchange accounts.
Shares in foreign companies the deceased may have bought through an intermediary.
Property in jurisdictions whose registers are open online or through a local agent.

Formalisation in that country is the next instruction.

An inheritance case needs a precise legal ground

The result depends on the right, the breach, the proper defendant, the remedy, and the evidence.

The time limit was missed

We check actual acceptance, the other heirs’ consent, whether the reasons are valid, and whether an additional term has a realistic case.

There is a dispute about the will

We look at form, certification, the expression of will, capacity, the medical records, and whether an expert is needed.

Kinship is denied

We compare civil-status records, archive certificates and changes of surname, and name the proper way to establish the fact.

The property was never formalised

We establish how it was acquired, what the register shows, what is in the estate, and which documents the notary lacks.

A share was infringed

We calculate the shares under the statute or the will, and check the forced share, any refusals, and earlier agreements.

There are debts or hidden assets

We identify the rights and the obligations, the creditors’ claims, the real value of the property, and the risk that it will be disposed of.

QUESTIONS & ANSWERS

On the inheritance case.

Where is the inheritance file opened?

At the deceased’s last place of residence. If that place is occupied or fighting is under way there, any notary opens the file. For property that is registered, the notary issues a certificate.

How long is there to accept?

The general period for accepting an inheritance is six months. In particular cases the law sets special rules for calculating that period, including where the death is registered late.
A person who lived with the deceased at the opening has accepted, unless that person refused within that time.
A minor, a person who lacks capacity, and a person whose capacity is limited have accepted, unless a refusal was filed with the permission of the guardianship authority.
Acceptance cannot be made subject to a condition.
For property that is registered, the notary issues a certificate.
If the place of opening is occupied territory or an area of active hostilities, any notary opens the file.
If an heir dies after the inheritance opens and has not accepted, the right to accept that share passes to that heir’s own heirs for the time that remains, or for three months if less than three remain.
The compulsory share does not pass that way.

What happens to the deceased’s debts?

Debts pass with the inheritance.
An heir who has accepted answers for them within the value of the property that passed to that heir, and only for that heir’s own share, not jointly with the others.
A refusal gives up both the property and the debts.
A creditor presents the claim to the heir who accepted, no later than six months from the day that heir received a certificate for all of the property or for part of it.
If the creditor did not know and could not have known of the acceptance or of the certificate, those six months run from the day the creditor learned of it.
A missed term extinguishes the claim.

The six months have already passed.

A court may set an additional period for accepting an inheritance. The court assesses the particular circumstances and the evidence. Living abroad, not knowing the law, or having had no contact with the deceased does not of itself guarantee an additional period, and the assessment depends on the circumstances of the case. Not knowing of the deceased’s death does not of itself guarantee that the reasons for missing the period will be treated as valid.

The will is contested.

A dispute over a will is decided by a court. The subject is form, certification, whether the instrument expresses the person’s will, capacity, the medical records, and whether an expert opinion is needed. While there is no dispute, the notary carries the inheritance through on the will.

Kinship is denied.

The family link is checked against civil-status records, the archive, and a change of surname. If the record is not enough, a court establishes the fact.

The property was never formalised in the deceased’s name.

The inheritance includes the right the deceased held. The certificate needs the history of how it was acquired and the state of the register. Missing documents are collected before the certificate is issued.

Can the inheritance in Ukraine be formalised without travelling?

If travel is impossible for an objective reason, the applications, powers of attorney, translation, and certification are arranged without the journey. An act the law requires to be done in person is done by the heir.

What does a check of an inheritance abroad produce?

It identifies the deceased relative, looks for the inheritance files and assets that can be reached, and ties them to you in documents. The report states what was checked, what was found, and what could not be reached. It may confirm nothing. Property that is found is not itself a right. Formalising it in that country is the next instruction.

Can a will leave everything to one person?

Minor children, adult children who cannot work, a spouse who cannot work, and parents who cannot work take half the share the law would have given them. Whether a person is unable to work, for inheritance purposes, is determined under the legislation and in light of the particular circumstances. The right to a compulsory share is established by Article 1241 of the Civil Code of Ukraine. The will does not remove that half.

CONFIDENTIAL ENQUIRIES

Describe the circumstances.

Describe the circumstances in your own words. If they do not match a card, write anyway: the list does not limit an enquiry.