A full-scale Russian invasion has left Ukrainians living in heightened danger, and the temporary occupation of some territories has torn families apart.. At such a time, situations may occur when citizens learn about the death of their parents, when the time for entering into an inheritance has expired.

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Lawyer Victoria Gusakova told how to act in such a situation, writes “On Retirement”.

According to Article 1261 of the Civil Code (CC), first of all, the right to inherit by law has:.

children of the testator, including those conceived during the life of the testator and born after his death;

one of the spouses who survived him;

parents.

An heir who wishes to accept the inheritance, but by the time of its opening did not live permanently with the testator, must submit to the notary an application for acceptance of the inheritance (Part 1 of Article 1269 of the Civil Code). But in order to apply to a notary, you need to have a death certificate of one of the parents.. It can be obtained from the bodies of state registration of acts of civil status by submitting an appropriate application (on obtaining a death certificate again). The application must be accompanied by a passport, birth certificate.

An application for acceptance of the inheritance is submitted to the notary office at the place of opening of the inheritance in person, providing documents proving that the person is the heir. If others have accepted the inheritance, the person will have a share.

If the notary public refuses on the basis of. that the six-month period for accepting the inheritance has been missed, about which a decision is issued, you can apply to the court to establish an additional period for accepting the inheritance.

The court may determine an additional period sufficient for filing an application for acceptance of the inheritance if the heir missed the deadline for accepting the inheritance for a good reason.

When applying to the court with a statement, it is necessary to provide information about the life of the deceased, memories of mutual communication, for what reason they were not at the funeral of a loved one and from whom they learned about his death.

According to the content of Article 1272 of the Civil Code, a claim for determining an additional period for filing an application for acceptance of an inheritance is filed:.

in the absence of the written consent of all the heirs who accepted the inheritance, for the submission by the heir who missed the six-month period, an application for acceptance of the inheritance to the notary's office;

in case of missing the six-month deadline for filing an application for acceptance of the inheritance to the notary's office and the absence of other heirs who accepted the inheritance and could give written consent to the submission of this application.

It is important to prove in court that there were insurmountable circumstances in which the person did not know that one of the parents had died, and provide information on how communication with him took place during his lifetime..

Evidence must be provided to the court that will document why the person could not accept the inheritance on time. For example, evidence confirming being on a business trip, studying, abroad, on treatment, etc.. You can also provide other certificates that can confirm certain family circumstances that made it impossible to accept the inheritance on time.

Many Ukrainians were forced to go abroad and are now there. Recall whether they can apply for entry into the inheritance, being outside of Ukraine.