Obtaining and registration the rights on inheritance.

Pysarenko Law Office provides assistance in legalization of inheritance in cases complicated by legal or factual obstacles.

Cases of inheritance legalization through court procedure:

• Absence of documents of title issued in the name of legator;
• Absence of real estate or unauthorized construction documents of title;
• Issuance of inheritance certificate by the notary on part of the property, rather than on all of the inheritable property;
• Issuance of inheritance certificate by the notary on behalf on one heir, without consideration of fractions that belong to other heirs;
• Recognition of invalidity of inheritance certificate in court;
• Necessity to prove an act of inheritance acceptance in court;
• Omission of inheritance acceptance term by the heir with the following extension of this term and inheritance through court procedure;
• Recognition of right of inheritance in court (both chattel and real estate);
• Refusal to accept heirs’ certificate of inheritance acceptance by the notary;
• Refusal to actuate a hereditary case by the notary;
• Refusal by the notary to issue an inheritance certificate on the grounds of absence of documented confirmation of family relation between legator and heir;
• Refusal to issue an inheritance certificate on apartment/estate by the notary;
• Refusal to issue an inheritance certificate on bank account/deposit by the notary;
• A case involving fictitious legators wife or husband among the heirs;
• A case involving fictitious legators family member among the heirs;
• Recognition of invalidity of marriage between legator and fictitious spouse in court;
• Fraudulent persuasion of legator resulting in signing of will in favor false person;
• A case involving person among heirs, who achieved hereditary rights by fraudulent or other illegal actions;
• Recognition of invalidity of will in court;
• Refusal to issue an inheritance certificate on land by the notary;
• Refusal to issue an inheritance certificate on share of statutory capital of LLC by the notary;
• A case involving fraudulent or other illegal actions aimed at legator or any of the heirs;
• Conduct of falsification or forgery of documents resulting in unlawful inheritance;
• Dismissal of persons who lack right of inheritance from hereditary procedure;
• Protection of rights of minors in hereditary cases in court.

 

We provide inheritance attorney services in cases not only in Kiev, but in other cities with convenient transport connection too. Given considerable complexity and interest of dispute a conduct of inheritance case may be available in any city of Ukraine.

The Pysarenko Law office services related to recognition of title on inheritable property.

In most abovementioned inheritance cases court is the only institution that is competent in solving the dispute, providing clarification of circumstances of the case, acquisition of evidence related to the case, etc.

We provide legal defense of heirs’ rights in litigation process.

Ukrainian Civil Code and Art.1, 48 of Law “Regarding notaries” attribute the process of certification of rights that have legal meaning and issuance of inheritance certificates to notaries.

Therefore it is never a bad idea to address a notary before filing a lawsuit to court. Regardless of how questionable or vain such action might seem to heir, consequences of this appeal as well as actions that notary will choose to undertake can be both positive and negative.

In case if notary decisions are not satisfactory for the heirs or their rights were violated, filing a lawsuit is a logical next step.

In case of notary refusal to actuate an inheritance case or issue hereditary certificate for appropriate part of inheritance, litigation is the only way of protecting one’s right.

After a series of proceedings, reclamation and assessment of evidence and verification of inheritance law compliance, court on behalf of attorneys’ petition performs formalization of title over hereditary property.

More than once we had conducted inheritance cases in courts around Ukraine, without limiting ourselves to Kiev.

Given sufficient cooperation on client’s side and availability of objective hereditary rights and proper evidence supporting the claim, formalization of inheritance through court procedure will be positively resolved.

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