How to claim an inheritance in Ukraine if the owner died in the Russian Federation

Ivan's* mother fled Mariupol to the Russian Federation because of the hostilities, where she later passed away. Ivan wanted to complete the inheritance procedure and apply for compensation for destroyed housing. However, to do so, he first needed to officially confirm the fact of his mother's death. He only had scanned copies of documents issued in the Russian Federation. Under Ukrainian law, a notary may open inheritance proceedings only if the original death certificate is available or if the relevant information is contained in Ukrainian state registers. No such information was available in Ukraine's state registers. It was also impossible to obtain the original documents or any official certificates through consulates, as diplomatic relations with the Russian Federation had been severed. In addition, there were no postal or transport links, and Ivan himself had no possibility of travelling abroad.

Danylo, a lawyer from STEP NGO, prepared a legal position based on international treaties and court practice and applied to the court to establish the fact of death. In simple terms, he asked the court to officially confirm the death even without the standard supporting documents. The lawyer argued that the absence of original documents and the lack of official communication between the two countries should not deprive a person of the right to inherit.

The court accepted these arguments and established the fact of Ivan's mother's death in the territory of the Russian Federation.

After that, Ivan was able to obtain a Ukrainian death certificate for his mother. This made it possible for him to apply to a notary, complete the inheritance procedure, and submit documents for compensation. This story demonstrates that even in difficult circumstances and without a complete set of documents, it is possible to find a legal solution and protect one's rights.

If you need legal advice or assistance in a similar situation, you can book an online consultation with a lawyer via this link.

* The name has been changed to protect personal data.

** The image is for illustrative purposes only and does not depict the actual events described in this story.

Assistance is provided by STEP NGO in cooperation with the Danish Refugee Council (DRC) with financial support from the European Union.