Disputes Related to Restoring the Time Limit for Accepting an Inheritance
One of the most in-demand services provided by the “First Legal” Law Firm is representing a client’s interests in court. At the same time, the most popular area of law that requires protection of such rights and interests is civil law, including matters related to the acceptance of an inheritance by heirs.
By choosing the “First Legal” Law Firm, you gain several advantages:
- The “First Legal” Law Firm has been providing legal services since 2008;
- The specialists of our Law Firm have significant experience in representing clients in court;
- When providing legal assistance to the Client, the “First Legal” Law Firm is guided solely by the priority of the client’s interests within the shortest possible timeframe for the client;
- At the client’s request, our specialists can provide comprehensive support in court proceedings—from preparing all necessary documents for filing the lawsuit to obtaining the court decision in the case and its enforcement (if the client so desires).
According to the general rule, the time limit for accepting an inheritance is six (6) months, starting from the time the inheritance is opened. The date the inheritance is opened is the day of the person’s death or the day on which the person is declared deceased. However, in real life, heirs under both the law and by will often fail, for various reasons, to submit their statement of acceptance of the inheritance in a timely manner, leading to the conclusion that they have missed the deadline for accepting the inheritance. In such a case, as an heir, you cannot do without filing a lawsuit to establish an additional time limit for accepting the inheritance.
When reviewing cases related to establishing an additional time limit for accepting the inheritance, it is important to understand whether these deadlines were missed for valid reasons or not. After all, part three of Article 1272 of the Civil Code of Ukraine states that, at the request of an heir who missed the deadline for accepting the inheritance for valid reasons, the court may grant them an additional time, sufficient for submitting a statement of inheritance acceptance.
According to the explanations set out in paragraph 24 of the Plenum Resolution of the Supreme Court of Ukraine dated May 30, 2008, No. 7 “On Judicial Practice in Inheritance Cases,” when deciding whether to grant a person an additional time limit, the court examines whether the reason for missing the deadline for accepting the inheritance is valid. In doing so, it should be borne in mind that valid reasons are those associated with objective, insurmountable, significant difficulties for the heir in performing these actions. Thus, not every reason (such as the heir living abroad, ignorance of the testator’s death, etc.) qualifies as a valid reason for missing the deadline for accepting the inheritance.
In any event, each situation is unique and requires prior analysis, a detailed examination by specialists, and the determination of a plan for further action that takes into account the specific circumstances of the case.
The “First Legal” Law Firm offers the following range of services in representing the client’s interests during disputes related to establishing an additional time limit for accepting an inheritance:
- Legal analysis of the situation, consultations (oral or written), and formation of a legal position;
- Collection and/or search for evidence to properly protect the client’s interests, including by sending attorney requests;
- Preparation of the necessary documents for filing a lawsuit in court;
- Drafting a civil lawsuit to establish an additional time limit for accepting an inheritance;
- Representation of the client’s interests in court during the first-instance proceedings, which includes participation in court hearings, preparation of all procedural documents, etc.;
- If necessary, our specialists also represent the client’s interests in the appellate and/or cassation courts.
When seeking legal assistance, the most important factor is selecting experienced lawyers and attorneys who will choose the appropriate way to restore your rights and interests, because the choice of method for protecting your rights determines the future success of your case and the defense of your interests moving forward!
