Establishment of the fact of cohabitation for inheritance by law

Mykola turned to DRC lawyers in Chernihiv Oblast: his family's house was damaged, so they had to move to a safer place, but when the situation stabilized, the family returned home.

To receive assistance for the restoration of his home, the owner had to submit title documents, but it turned out that neither he nor his heirs had inherited the property before him: after the death of Mykola's grandfather, who owned the property, the man's parents did not register the inheritance, which complicated the situation. In addition, the man, his family, and his parents were registered elsewhere, although they actually lived there, ran a household, and carried out repairs in the damaged house.

The complexity of the situation was that in order to prepare an appropriate legal strategy, the applicant needed to obtain a number of documents, including certificates of residence, place of registration, information from the inheritance register on the opening of the inheritance, and documentation of ownership of the home. After that, the applicant had to apply to a notary with an application for opening an inheritance and obtaining a certificate of inheritance for the relevant property.

However, there was insufficient evidence of the owner's cohabitation with the heirs. DRC's lawyer prepared an application to the court to establish the fact of permanent residence with the testator and continued to support the case. The court case ended in favor of Mykola.

The court decision will confirm the legal basis for accepting the inheritance and will allow him to obtain a certificate of inheritance. Now Mykola will be able to dispose of the house, receive assistance for the restoration of his home and protect his property rights.

DRC provides free legal aid to the war-affected population in Chernihiv Oblast with funding from the European Union's civil protection and humanitarian assistance.