The lawyer helped establish the fact of family relations
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Publication date:
11/01/2024
With the presence of a blood relationship between people, the law connects the emergence, change or termination of certain rights and obligations, including hereditary ones. An error in a person's last name or first name in a birth certificate or passport or the loss of a document often hinders the realization of personal or property rights. Then the fact of family relations has to be established through the court.
Thus, Anatoliy turned to the lawyer of the Western Regional Center for the Provision of Free Secondary Legal Aid, a DRC partner. He said that he started the procedure for registration of the inheritance after the death of his own brother, and therefore he applied to the private notary at the place of opening of the inheritance with a corresponding application. However, when reviewing the documents, the notary found that it is impossible to establish family relations between Anatoly and his late brother as the testator based on the submitted documents, since there are spelling discrepancies in the spelling of his last name in the identity document and the last name of the testator.
After processing the case materials, the lawyer prepared a statement to the court about establishing the fact of family relations. Anatoly's application was fully satisfied by the decision of the Kovel city and district court. Such a court decision enabled the man to fully exercise all his inheritance rights as the sole heir after his brother's death.
Free legal aid for displaced persons in the Volyn region was made possible thanks to the cooperation of the Western Regional Center for the provision of free secondary legal aid with the Danish Refugee Council (DRC) and funding from the framework of civil protection and humanitarian aid of the European Union.
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