Tell me, please, if I applied for inheritance earlier in a private...?

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... a notary and my sister much later and a public notary, then on the basis of which law does the public notary force a private person to transfer the case to him? How can I refuse the public notary and are his actions legal? A private notary is ready to transfer the case, but I don't want to!

01.05.2023 13:46 575

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Photo of sikorsky.y.o Yaroslav Sikorsky

Inheritance case is opened once and only at one notary.

The law defines an exhaustive list when the inheritance can be transferred from a private notary to another:

  1. transfer of inheritance cases, opened in violation of the requirements of Article 1221 of the Civil Code (regarding the place of opening of the inheritance), under the responsibility of the notary, whose competence includes conducting this inheritance case. Such a transfer is carried out upon establishing the fact of the simultaneous opening of several inheritance cases (for example, at the place of residence of the testator and at the location of the inherited property);

  2. transfer of the inheritance case to the notary at which, according to the paper carriers, the inheritance case was opened earlier, with the simultaneous opening of inheritance cases by different notaries at the place of the inheritance opening;

  3. transfer of the inheritance case at the request of all the heirs who have accepted the inheritance to another private notary (state notary office) within one notary district after the expiration of the term established by law for accepting the inheritance in the event of termination, suspension of the notarial activity of a private notary, temporary blocking or canceling the notary's access to the State Register of Rights. At the same time, the private notary (state notary office) to whom the inheritance case is transferred is obliged to accept it in the proceedings. The authenticity of the signature of the heirs on the application must be notarized. In such a statement, it is mandatory to indicate to which private notary (state notary office) the inheritance case must be transferred;

  4. the transfer of the inheritance case is carried out by the commission for the liquidation of the state notary office in the case of liquidation of the state notary office before the transfer of all documents of notarial records and the archive of the state notary office to the corresponding state notary archive.

If you believe that the notary is violating your rights, then in accordance with Article 50 of the Law of Ukraine "On Notaries", you can appeal the notarial act or refusal to perform it in court.

30.05.2023 22:50

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