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Hereditary disputes

As practice shows, hereditary legal regulation is one of the most complexes, because it generates intractable disputes. The division of property between heirs often creates long-term conflicts that sooner or later bring all participants in the dispute to court.

Getting an inheritance is a fairly complex process that requires collecting a large set of documents. Thus, to enter into inheritance, it is necessary to apply to a notary, and provide him with documents that would certify the identity of the inheritor, confirm the fact of the testator’s death, kinship, property rights, etc.

That is, the right to inheritance can be easily issued by a notary. This statement is valid only if there is no dispute between several heirs.

To ensure a smooth inheritance, you need to remember the main provisions of this legal sphere:

  • There is a certain period during which you can apply for inheritance is 6 months. This period begins on the day of the testator’s death or on the day when his death was announced.
  • Applying to a notary is a mandatory action for obtaining an inheritance. This must be done within the time limit specified above. If the heir permanently lived with the testator, then the notary only needs to apply for the issue of a certificate of inheritance, and not an application for its acceptance.
  • If there is a will, then the heirs indicated in it have an advantage over the “legitimate” heirs. The will may specify any person, even if they are not related to the deceased.
  • Inheritance shares should be distributed equally, unless the heirs or the heir decides to change them.
  • Inheritance by law can be changed (its order).
  • The heir has the right to completely renounce his share of the inheritance in favor of another person.
  • Minors, and disabled persons can always count on their share in the inheritance, even if they are not specified in the will.
  • Obtaining a certificate of inheritance is possible at any time but only if the application for inheritance was submitted to the notary promptly.
  • If the heir has information that the testator has financial funds in the Bank accounts, he can ask the notary to make a corresponding request about the accounts, and funds on them. If the heir does not know exactly which Bank the testator has an account with, he can ask the notary to make an automatic request to find out this information.
  • Both public, and private notaries can issue an inheritance.
  • When applying for inheritance rights, you must have the original will or a duplicate of it, if the will was drawn up by a notary other than the one you applied to.

It is also important to know about the location of the inheritance opening. It is considered the last place of residence of the deceased, or the location of the testator’s real estate (if the place of residence remains unknown) or movable property (if there is no real estate).

An inheritance lawyer provides such services:

  • support of the process of registration of inheritance rights;
  • assistance in appealing a will or certificate of inheritance;
  • appeal against illegal actions of the notary authority;
  • appeal against the refusal of a notary to issue a document on acceptance of inheritance;
  • representation in court on issues of settlement of inheritance disputes;
  • assistance in obtaining inheritance rights, even if there is a will that says otherwise;
  • resolution of disputes concerning the composition of property to be divided;
  • assistance in the legal division of property between all heirs;
  • representation in court when disputing a will or its clauses;
  • restoration of the right to inheritance, even if the term for entering into inheritance rights was missed;
  • assistance in establishing the fact of kinship with the deceased.

You may need the help of a qualified lawyer, both in disputes over inheritance, and if you miss the deadline for applying or do not have the necessary documents to enter into inheritance rights.

Kasyanenko & Partners Law Company lawyer with experience can thoroughly study your problem, analyze documents, and choose the most effective way to resolve the situation in your favor.

Dmytro Kasyanenko

Lawyer, managing partner of the Kasyanenko & Partners Law Firm. Since 2002, he has gained extensive legal experience in key positions in business structures and the public sector in the field of law and finance.

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