Due to the military invasion of the Russian Federation in Ukraine, hostilities continue, and many Ukrainians were forced to leave their homes and become internally displaced persons. But there are also those citizens who, for one reason or another, remained in the temporarily occupied territory (TOT) and died there. The Ministry of Justice explained what to do if the inherited property or real estate remained on HERE.

According to the Civil Code of Ukraine, inheritance is the transfer of rights and obligations (inheritance) from an individual who has died (testator) to other persons (heirs). Inheritance is by will or by law.

Persons named in a will have the right to inherit.. In the absence of a will, its recognition as invalid, non-acceptance of the inheritance or refusal to accept it by the heirs under the will, as well as in the event that the will does not cover the entire inheritance, the right to inherit under the law is received by persons belonging to the first-fifth order of heirs by law (Article 1223 of the Civil Code of Ukraine). The right to inherit arises on the day the inheritance is opened.

An heir who wishes to accept the inheritance, but at the time of the opening of the inheritance did not live permanently with the testator, must submit to a notary or in rural settlements - an authorized official of the relevant local government body an application for acceptance of the inheritance.

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According to Article 9 of the Law of Ukraine "

Any act (decision, document) issued by the bodies and / or persons provided for in part two of this article is invalid and does not create legal consequences, except for documents confirming the fact of birth, death, registration (dissolution) of a marriage of a person in the WTO, which are attached to the application.

What to do if the inheritance case has already been opened at HERE.

Ensuring the exercise of the right to inheritance in the temporarily occupied territory is regulated by part five of Article 11-1 of the Law "

In the conditions of martial law, by the decision of the Cabinet of Ministers, the provisions of this article may be extended to the WTO provided for in paragraph 3 of part one of Article 3 of this Law, the subsoil under the territories specified in paragraph 3 of part one of Article 3 of this Law, and the airspace above these territories.

Paragraph 3 of the first part of Article 3 of the Law determines that for the purposes of this Law, the temporarily occupied territory is also defined as another land territory of Ukraine, internal sea waters and the territorial sea of \u200b\u200bUkraine, recognized under martial law as temporarily occupied by the decision of the RNBO, put into effect by a decree of the President of Ukraine.

However, the RNBO has not made a decision regarding the territories to which 24. 02. 2022 the Russian Federation invaded and where hostilities are taking place now, temporary occupation, cordon (blocking).

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The Ministry of Justice noted that, in accordance with the provisions of Article 66 of the Law "

A certificate of the right to inheritance is issued upon a written application of the heirs who have accepted the inheritance in the manner prescribed by civil law, on behalf of all heirs or, at their request, each of them separately.

The department emphasized that the issuance of a certificate of the right to inheritance to heirs who accepted the inheritance is not limited in time.

“Please note that the issue of registration of inheritance rights to property located in the temporarily occupied territories, namely the recognition of property rights in the order of inheritance, can also be resolved in court,” the Ministry of Justice explained..

What to do if the inheritance case is not opened at the place of opening of the inheritance.

According to subparagraph 2. 1 of paragraph 2 of chapter 10 of section II of the Procedure for performing notarial acts by notaries of Ukraine, approved by order of the Ministry of Justice of Ukraine dated 22. 02. 2012 No. 296/5, the inheritance case is opened by a notary at the place of opening of the inheritance on the basis of the submission of the first application (message, telegram) on the acceptance of the inheritance, on the refusal to accept the inheritance, on the refusal of the inheritance, on the issuance of a certificate of the right to inheritance, on the application of the heir.

In conditions of martial law or a state of emergency, an inheritance case is opened at the request of the applicant by any notary of Ukraine, regardless of the place where the inheritance was opened.

The Ministry of Justice noted that in order to accept the inheritance, the heirs must personally or through an authorized representative apply to a public or private notary at the place of opening of the inheritance or any other notary of Ukraine with all the necessary documents.

“First of all, with an application for acceptance of the inheritance, on which the heir’s signature will be duly certified, in case he personally cannot come to the notary, with whom he plans to start an inheritance case,” the department said..

What is the term for accepting an inheritance in Ukraine.

The Ministry of Justice recalled that, as a general rule, the period for accepting an inheritance is six months from the date of the death of the testator.

For the duration of martial law, the expiration of the period for accepting an inheritance or refusing to accept it is suspended, but not more than for four months.. The certificate of the right to inheritance is issued to the heirs after the expiration of the period for accepting the inheritance (p. 3 resolutions of the Cabinet of Ministers of Ukraine dated 28. 02. 2022 No. 164 "

Earlier we wrote whether it is possible to recover alimony from a person living in the occupied territory.