My father died in the occupied territory. Did you stay in Ukraine...?

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... arrears on his pension for 1 year. I want to enter the inheritance for retirement. There are scans of his documents and a photo of a death certificate from the occupied territory. In my hands I have my birth certificate, which states that he is my father. Tell me, please, how I can enter into an inheritance for pension arrears?

02.07.2023 21:27 501

Answers

Photo of lorina200215 Lorina Fedan

A person submits an application for payment of an unreceived pension in connection with the death of a pensioner to the body of the Pension Fund of Ukraine, in which the deceased pensioner was registered as a pension recipient.

The family members of the deceased can submit an application for payment of an unreceived pension within six months from the date of death.

After 6 months from the day of the pensioner's death, a certificate of the right to inheritance is added to the above list to the body of the Pension Fund of Ukraine, where the deceased pensioner was registered.

For residents of the occupied zone:

The payment must be applied for at the place where such person last received a pension. The application must be accompanied by a state-style death certificate obtained in the territory controlled by Ukraine and a valid certificate of registration of an internally displaced person must be provided to the applicant.

The death certificate of the state model is obtained by applying to the court at the place of relocation of the corresponding territorial court (establishment of the fact of death in the temporarily occupied territories):

  • if relatives of the deceased who apply to the court are internally displaced persons - the application is submitted to the court at the place of their actual residence according to the certificate;

  • if the relatives of the deceased, who apply to the court, are not internally displaced persons - the application is submitted to the removed court at the registered place of residence according to the registration indicated in the passport;

After establishing the fact of a person's death and obtaining a state-style death certificate in the department of state registration of civil status acts, they must contact the Pension Fund of Ukraine or a notary public.

If the deceased's family members did not live with him at the time of his death, then it is necessary to submit an application to the notary about inheritance.

If the deceased's family members did not live with the pensioner at the time of death, they must submit an application to the notary for inheritance in order to receive the unpaid pension amount.

According to Article 1221 of the Civil Code of Ukraine, the place of opening of inheritance is the place of submission of the first statement, which testifies to the declaration of will regarding inherited property, heirs, executors of the will, persons interested in the protection of such property, or the demands of creditors. On the basis of the first application received, the notary initiates an inheritance case, which is subject to state registration in the Inheritance Register in accordance with the procedure established by the Cabinet of Ministers of Ukraine.

In accordance with Article 9-1 of the Law of Ukraine "On Temporary Measures for the Period of an Anti-Terrorist Operation", in the event that the last place of residence of the testator is a settlement, on the territory of which state authorities temporarily do not or do not fully exercise their powers, approved by decision The Cabinet of Ministers of Ukraine, the place of opening of the inheritance is the place of submission of the first application, which indicates the declaration of will regarding the inherited property, heirs, executors of the will, persons interested in the protection of the inherited property, or the demands of creditors.

If the place of residence of the testator is unknown, and the immovable property or its main part, in the absence of immovable property - the main part of the movable property is located in the territory provided for in the first part of this article, the place of opening of the inheritance is the place of submission of the first application, which testifies to the declaration of will regarding the inherited property , heirs, executors of the will, persons interested in the protection of inherited property, or the demands of creditors.

It is also necessary to contact a notary with an application for inheritance no later than 6 months after the person's death.

Actions of the pension fund regarding the payment of the amount of the unreceived pension for the deceased pensioner for the past time, but not more than three years before the date of the application for receiving the pension in accordance with Part 1 of Art. 46 of the Law of Ukraine "On Mandatory State Pension Insurance" in the order of inheritance of the amount of unreceived pension by the testator are illegal.

Thus, Article 1216 of the Civil Code of Ukraine stipulates that inheritance is the transfer of rights and obligations (inheritance) from a natural person who died (testator) to other persons (heirs).

According to Art. 1217 of the Civil Code of Ukraine, inheritance is carried out by will or by law.

According to Article 1218 of the Civil Code of Ukraine, the inheritance includes all the rights and obligations that belonged to the testator at the time of opening the inheritance and did not cease due to his death.

According to Article 1227 of the Civil Code of Ukraine - amounts of wages, pensions, scholarships, alimony, benefits in connection with temporary incapacity for work, compensations in connection with mutilation or other health damage, other social benefits that belonged to the testator, but were not received by him during his lifetime, are transferred to his family members, and in their absence - are part of the inheritance.

Thus, payments of the amount of unreceived pension for a deceased pensioner in the order of inheritance cannot be made in accordance with Article 46 of the Law of Ukraine "On Mandatory State Pension Insurance" because the content of the article cannot affect the order of inheritance.

03.07.2023 16:42

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