Accepting an inheritance while abroad

Family lawyer
My name is Alexey Nikolaevich Skryabin, I am a practicing lawyer. I have been practicing law throughout Ukraine since 2007. I have been providing legal services to individuals for a long time. In this article I will tell you about accepting an inheritance while abroad.

Accepting an inheritance while abroad

For accepting an inheritance, a period of six months is established, starting from the time of opening of the inheritance (Part 1, Article 1270 of the Civil Code of Ukraine). According to Art. 1269 of the Civil Code of Ukraine, an heir who wishes to accept the inheritance, but at the time of opening the inheritance did not reside permanently with the testator, must submit an application for acceptance of the inheritance.

It should be noted that the procedure for filing an application for acceptance of an inheritance is determined by clause 3 of the Procedure for performing notarial acts by notaries of Ukraine, approved by order of the Ministry of Justice of February 22, 2012 No. 296/5, registered in the Ministry of Law of Ukraine on February 22, 2012 No. 2 for No. 25 – Procedure No. 296/5).

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In accordance with clause 3.5 of Chapter 10 of Procedure No. 296/5, if an application on which the authenticity of the heir’s signature is not certified is received by mail, it is accepted by a notary, an inheritance case is opened, and the heir is informed about the initiation of an inheritance case and the need to send an application, executed properly way (the authenticity of the signature on such applications must be notarized) or personally come to the notary at the place of opening of the inheritance.

According to subclause 3.11.3 of the Regulations on the procedure for performing notarial actions in diplomatic missions and consular offices of Ukraine, approved by the general order of the MJU, the Ministry of Foreign Affairs of Ukraine dated December 27, 2004 No. 142/5/310, registered in the MJU 2012. 1649/10248, heir, Those who wish to accept the inheritance, but did not reside permanently with the testator at the opening of the inheritance, must submit an application to the consul for acceptance of the inheritance.

Thus, an heir located outside the country has the opportunity to submit an appropriate application for acceptance of the inheritance to the Embassy of Ukraine, which performs consular functions, or to submit an application for acceptance of the inheritance to the notary office at the place of opening of the inheritance through an agreed means of postal communication. with the conclusion set out in the decision of the Supreme Court dated October 21, 2021 in case No. 332/3796/19 and dated June 27, 2022 in case No. 202/1188/19.

Family lawyer
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Candidate of Legal Sciences
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