Is it legal if a notary refuses to issue a certificate of inheritance rights?

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The notary has the right to refuse to issue a certificate of inheritance rights. The legislation does not provide an exhaustive list of grounds for a notary to refuse to issue a certificate of inheritance rights. However, the notary, in this case, should be guided by the list of grounds for a refusal to perform notarial actions, defined in the law of Ukraine "On notaries":

●      Such an action contradicts the legislation of Ukraine (for example, in cases where the person applying for a certificate of inheritance rights is not entitled to receive the inheritance, or the heir has missed the deadline for accepting the inheritance).

●      No information or documents necessary for the notarial action have been provided (for example, in case of the absence of legal documents regarding the property of the deceased or documents confirming the family relationship between the deceased and the person applying for a certificate of inheritance rights, or if the documents submitted to the notary do not meet the legal requirements for documents required for the notarial action).

●      the action must be performed by another notary (for example, if the inheritance case was opened by another notary);

●      There are doubts regarding whether the individual who has requested the notarial action understands the significance, content, and legal consequences of this action, or whether this person is acting under duress.

●      An individual who has been legally declared incapacitated or a representative who has requested the notarial action on behalf of another person without the necessary authority has sought the notarial action.

●      the person who requested that a notarial act be performed did not pay a fee for its commission;

the person who applied for a notarial act did not make the payments established by law related to its performance.

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