How to do the right thing with a notary

Registration of inheritance through recognition of the right of ownership by the court is allowed only if this right cannot be protected in a notarial procedure. The relevant legal position was expressed by the Supreme Court in the resolution dated September 22, 2021 in case No. 227/3750/19.

In accordance with Article 11-1 of the Law of Ukraine "On Ensuring the Rights and Freedoms of Citizens and the Legal Regime in the Temporarily Occupied Territory of Ukraine" (in order to ensure the implementation of the right to inheritance in the temporarily occupied territory), in the event that the testator's last place of residence is the temporarily occupied territory, 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 the inherited property, or the demands of creditors.

Performance of notarial actions regarding inheritance cases that were registered in the Inheritance Register before the beginning of the temporary occupation, but not completed, is carried out by any notary in the territory under the control of the Government of Ukraine at the request of the heir.