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Our practical experience in inheritance related cases: inheritance in Ukraine

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This is a pretty common case when the foreigner faces the necessity of the inheritance legal obtainment. As a citizen of another country, such person can have a very little understanding on how it goes in Ukraine and where to apply for the process initiation.


Our company has helped in many cases that were related to the inheritance process, so we’ve decided to talk about the most common situations in the field.


Our service:
Inheritance in Ukraine

First case: real estate

A foreigner applied to our firm for legal services and support in the inheritance process of the real estate object in Ukraine.


Our Client wanted to stay in his country and receive all the needed papers without visiting Ukraine.

Steps to resolve the problem

First of all, after the consultation with the Client, we’ve prepared the draft of the power of attorney for the employees of our firm and sent it to the Client to sign. With this we were able to perform a preparatory work for obtaining a Certificate of Inheritance and subsequent registration of real estate title.


What we did as our first steps:

  • Valuation of real estate object;
  • Received the relevant certificate about the owners of the apartment from the Bureau of Technical Inventory.

Secondly, we helped the Client to obtain the identification number as it is necessary in this case. We also have prepared package of documents for the notary in order to determine the blood relation.


As the non-resident heirs must submit to the notary a tax payment certificate prior to issuing the Certificate, we’ve helped to puzzle out the expenses for the notary fee and perform the payment. 


After receiving the Real Estate Ownership Certificate, we’ve discussed the issues of further alienation of property and the tax consequences of such alienation with our Client in order to eliminate all possible risks the in future.

Second case: legal disputes

We were approached by a Client who needed legal assistance and representation of his interests in inheritance dispute between him, his brothers on one side and their aunt – on the other one.


He and his brothers have inherited half of the house after their father have passed away. Other half belonged to Client’s grandmother at the moment. But after she passed away, her daughter - the aunt of our Client, was supposed to inherit her part.


After some time the Client’s aunt filed a claim about recognition of her right, but included the part of house which was inherited by her nephews. She claimed that her old mother was supposed to receive her obligatory share of property after her son’s death.


The case needed the litigation and our Client asked us to help him in this situation.


Our service:
Litigation in Ukraine

Our actions

Our lawyers gathered all the needed information and prepared the arguments for defence in court. The defence position was based on such arguments:

  • The grandmother did not actually accept her obligatory share of inheritance after death of her son (father of our Client) even though the claimant had witnesses that provided facts in her favor. 
  • The term of limitation of actions had already passed since the general term of limitation of actions in this case equals to 3 years and the aunt started the process 9 years after her mother have died.

We’ve managed to make our point to the court and protect the interests of our Client. The court denied satisfaction of the claimant’s claim.

Third case: mistakes in documents

In the summer of 2018, our company was approached by a Client, a Ukrainian citizen, who actually lives in the Netherlands. She needed a help in the real estate inheritance process, as the object was situated in Ukraine.


She needed to receive a reliable assistance in the registration of the inheritance without personal attendance to Ukraine. After the Client signed a power of attorney for the lawyers of our company, we were ready to start. 


The problem was that the Client's surname was spelled out differently in few documents (those documents that gave grounds for inheritance). In addition, the Client had to inherit the property from two testators who died each after each, so it was rather difficult to establish the order of inheritance and succession, because the testators did not leave wills after themselves. 

Our steps to resolve the problem

We needed to solve the problem of different surnames in the documents as our first step. Thus, we’ve provided the notary with a court decision, which confirmed the blood relation, despite the difference in surnames between the testators and the heir. 


After that, the lawyers received a certified extract from the state register, which proved the fact of the title of the testator to the property that was inherited


So, after gathering and transferring the documents to the notary, the client received the documents for inheritance (two certificates of inheritance) without visiting Ukraine, in the shortest possible terms.

 

If You need any help in receiving Your inheritance here in Ukraine, You can always contact us for legal consulting.


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