How to issue an inheritance if the testator and the property are in the occupied territory?
With the introduction of martial law in Ukraine, the norms of Ukrainian legislation regarding inheritance have not changed.
Yes, a person can be an heir at law or by testament.
🔹 The first thing to do is to prove the fact of the testator’s death in the occupied territory.
⚖️ To establish the fact of his death, you should contact a local court in the controlled territory of Ukraine.
☝🏻In order for the court to issue a decision on the death of the testator, it is necessary to submit evidence of the death of the testator.
You can ask relatives or acquaintances to help you get the necessary documents, if they are in this occupied territory.
Yes, you will need:
• a death certificate from the RACS authority in the occupied territory
• medical report or death certificate.
However, if none of these documents can be obtained, then the court may take into account written statements of witnesses, photos or videos of the burial.
Correspondence in messengers with a notification of the death of the testator, a recording of a video message will also be useful.
📝On the basis of a court decision, the DRATS department will issue a death certificate and only after that you can submit an application and a package of documents to a notary.
🔹Inheritance is opened where the application for its acceptance is submitted.
🔹If the testator’s place of residence is temporarily occupied territories or his property is located there, then the inheritance is opened at the place of submission of the first application for acceptance of the inheritance.
💁🏻♂️That is, you should not go to an occupied city, you should only submit an application for acceptance of inheritance to a public or private notary in the city you are in.
Documents to be submitted to the notary with the application for acceptance of inheritance:
• Ukrainian death certificate;
• will, if any;
• passport and identification code of the heir;
• documents confirming your family relationship with the testator – marriage, birth certificates, etc.;
• title deeds to the inherited property, if any – otherwise, the notary can obtain this information from the relevant state registers.
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