Because of the war that Russia started, many Ukrainians were forced to go abroad and are now there. Right to Protection lawyers explained whether they can apply for inheritance while outside of Ukraine.
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According to h. 23 of the Procedure for performing notarial acts by notaries of Ukraine, approved by order of the Ministry of Justice of Ukraine dated February 22, 2012. No. 296/5, heirs can apply for acceptance of inheritance by mail if they live outside of Ukraine.
An application is considered timely sent, the authenticity of the signature of the person on which is certified (or not certified) by a notary, sent by mail before the expiration of the six-month period for accepting the inheritance and received by the notary after this period. The notary accepts such applications, starts an inheritance case, and in case of receipt of an application, the authenticity of the signature on which is not notarized, sends a letter to the heir, in which it is proposed to send a duly executed application or personally arrive at the notary at the place of opening of the inheritance. In such cases, the envelope is filed into the inheritance file.
Clause 3 of the Decree of the Cabinet of Ministers of Ukraine dated February 28, 2022 No. 164 "
Therefore, the heir living abroad must write an application for acceptance of the inheritance, certify the authenticity of the signature by a notary and send it by postal service of a notary who is located on the territory of Ukraine within 10 months (during martial law) from the date of the death of the testator.
Abroad, notarial acts are performed by consular offices or diplomatic missions of Ukraine. According to the law, an heir who wants to accept the inheritance, but did not live permanently with the testator at the opening of the inheritance, must submit an application to the consul for acceptance of the inheritance.
A written application for acceptance of the inheritance is submitted by the heir personally to the consul. The authenticity of the signature on such statements must be notarized..
If the application, on which the authenticity of the heir's signature is not certified, is received by mail, it is accepted by the consul, an inheritance file is opened, and the heir is invited to send a duly executed application or come personally to the consul.
Confirmation of the authenticity of the signature is not required if the heir personally came to the consul and submitted an application. In this case, the consul establishes the identity of the heir and verifies the authenticity of his signature, which makes a note on the application and indicates the name of the identity document, its number, date of issue, name of the institution that issued the document, year of birth of the heir.
So the heir, who is outside Ukraine, can accept the inheritance by:.
appeal to the consul of Ukraine in the host country with a statement on the acceptance of the inheritance.
or notarization of an application for acceptance of the inheritance and sending it by means of postal service of a notary located on the territory of Ukraine.
Among the Ukrainian refugees who left Ukraine at the beginning of the full-scale invasion were also pregnant women.. We will remind you how to register the children they have born abroad.