When archives remain in occupied territories: how to restore inheritance rights through court
While on duty on the digital platform PravoVsim, Viktoriia, DRC lawyer, was contacted by a woman seeking advice on inheritance matters.
After her father’s death, Iryna was unable to obtain a certificate of inheritance rights. The notary refused to perform the notarial act because she did not have title documents for the real estate. The documents had remained in an apartment in Bakhmut during the evacuation. Her father had not managed to take them with him.
The woman contacted the Bakhmut Bureau of Technical Inventory, but received a response stating that it was impossible to confirm ownership rights or issue duplicate documents because the city was occupied, the archives had not been evacuated, and were effectively lost. At the same time, information about ownership was preserved in the State Register of Property Rights to Immovable Property.
An additional complication was the debts of her deceased father, which Iryna had to repay. Hiring a private lawyer was financially unaffordable for her.
After analysing the situation, the lawyer explained the possible course of action. In similar cases, when a notary refuses to issue a certificate due to the absence of documents, inheritance rights may be protected in court by filing a claim for recognition of ownership by way of inheritance.
Iryna:
- obtained the notary’s decision on refusal to perform the notarial act;
- prepared a statement of claim with the assistance of a DRC lawyer;
- submitted the claim to the court.
In July 2025, Iryna received a positive court decision recognising her ownership rights by way of inheritance to the apartment and land plots. She can now fully exercise all rights related to her real estate.
DRC provides free legal aid in Sumy region thanks to funding provided by the European Union.
