Assistance in the inheritance of property by a person with a disability

Quite often, people cannot take advantage of their ownership right to inheritance due to missed deadlines for its adoption. Thus, Ms. Nataliya turned to the lawyer of the public reception center of the NGO "MART" for legal assistance in registering the right of ownership of the immovable property inherited in 1996.

After a careful study of the circumstances of the case and a legal analysis of the documents provided by the woman, the lawyer of the public reception established that she, like her late mother, actually entered into the management and ownership of the inherited property. Therefore, she accepted the inheritance, as required by the legislation in force at that time (Articles 548-549 of the Civil Code of the Ukrainian SSR in the 1963 version).

However, taking into account the difficult financial situation of the family and the state of her health, Natalya did not timely turn to the notary with an application for the issuance of a certificate of the right to inheritance. Currently, the notary authorities refuse to issue documents to her due to missing the deadline for accepting the inheritance.

Taking into account the circumstances, the lawyer recommended that the woman apply to the court with an application to establish the fact of acceptance of the inheritance and recognition of the right of ownership of the inherited property. He also helped her set out her requirements in the application and justify them in detail. Now she got the opportunity to establish the fact of acceptance of the inheritance through the court, which had to recognize her ownership right as a daughter to the house with outbuildings previously inherited by her mother. The specified property, despite the war, was not destroyed and is quite suitable for further use.

In the end, the court satisfied the plaintiff's demands in full, and 27 years after the opening of the inheritance, Mrs. Natalia became the legal heir to her mother's and grandmother's property and can dispose of it without hindrance.

Free legal aid is provided by the NGO "MART" in cooperation with the Danish Refugee Council (DRC) thanks to funding within the framework of civil protection and humanitarian aid of the European Union.

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History: Roman Barabash, lawyer of the NGO "MART", Chernihiv