Inheritance after 6 months: the court partially sided with the heir who missed the deadline due to working abroad

The Supreme Court, in the composition of the Second Judicial Chamber of the Cassation Civil Court, considered a cassation appeal in a civil case regarding the determination of an additional period for submitting an application for acceptance of inheritance.

Circumstances of case No. 552/5788/23

The plaintiff filed a lawsuit requesting an additional six-month period to submit an application for acceptance of inheritance after the death of his father.

On June 4, 2018, the plaintiff's father made a will according to which he bequeathed all his property to his son (the plaintiff). On the day of the father's death, the plaintiff did not live with him and was not registered at the same address.

On August 25, 2023, the plaintiff's representative applied to the notary office to formalize inheritance rights, but the state notary refused to issue a certificate of inheritance rights due to the expiration of the six-month deadline.

The plaintiff justified missing the deadline by stating that since 2021 he has been working as a driver abroad under a Schengen visa, constantly on business trips, and could not submit the application on time. Additionally, the missed deadline was influenced by severe emotional distress after the father's death and the Russian Federation's military aggression against Ukraine. The plaintiff also referred to the temporary suspension of the inheritance acceptance period during martial law according to the resolution of the Cabinet of Ministers of Ukraine dated February 28, 2022, No. 164.

The plaintiff's sister submitted an application for acceptance of inheritance on March 28, 2023, as a result of which an inheritance case was opened.

The Kyiv District Court of Poltava city, by decision dated March 14, 2024, denied the claim. The Poltava Court of Appeal, by ruling dated February 4, 2025, left the decision unchanged.

Reasons guiding the Supreme Court

The court decision must be based on the principles of the rule of law, be lawful and reasoned (parts one, two, and five of Article 263 of the Civil Procedure Code of Ukraine). The contested court decisions do not meet these requirements.

The plaintiff missed the six-month deadline for acceptance of inheritance because he constantly worked abroad as a driver, was on business trips, and due to severe emotional distress after the father's death and the Russian Federation's military aggression against Ukraine. Additionally, the plaintiff referred to the temporary suspension of the inheritance acceptance period during martial law according to the Cabinet of Ministers of Ukraine resolution dated February 28, 2022, No. 164.

The Supreme Court took into account that valid reasons for missing the deadline for acceptance of inheritance are objective, insurmountable, and significant difficulties for the heir. The assessment of the validity of reasons should primarily concern the period from the opening of the inheritance to the expiration of the six-month deadline.

The court established that the plaintiff missed the deadline for valid reasons, in particular due to prolonged stay abroad related to work, the impact of martial law, and uncertainty of legislation regarding the inheritance acceptance period during this time. The court also noted the short time between the expiration of the deadline and the representative's application to the notary.

According to part one of Article 1269 and part one of Article 1270 of the Civil Code of Ukraine, an heir who wishes to accept the inheritance but did not permanently live with the testator at the time of the inheritance opening must submit an application for acceptance of inheritance to the notary office. A six-month period is established for acceptance of inheritance, starting from the time of inheritance opening.

Thus, the right to inheritance arises from the moment of its opening, and the law obliges the heir who did not permanently live with the testator to submit an application to the notary for acceptance of inheritance within six months.

What the court decided

The Supreme Court, in the composition of the Second Judicial Chamber of the Cassation Civil Court, partially satisfied the cassation appeal of the plaintiff's representative.

The decision of the Kyiv District Court of Poltava city dated March 14, 2024, and the ruling of the Poltava Court of Appeal dated February 4, 2025, were canceled.

A new decision was made partially satisfying the claim.

The plaintiff was granted an additional period of 3 (three) months to submit the application for acceptance of inheritance after the father's death, starting from the date the decision comes into legal force.

The other part of the claim was denied.

The Supreme Court indicated that the plaintiff missed the six-month deadline for acceptance of inheritance for valid reasons, including prolonged stay abroad due to work, the impact of martial law, and legislative uncertainty regarding the inheritance acceptance period during martial law. The additional three-month period granted is sufficient for submitting the application for acceptance of inheritance.

The Supreme Court's ruling comes into legal force from the moment of its adoption, is final, and is not subject to appeal.

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