Court denied a woman an additional period to accept inheritance due to already registered rights of another heir
The Kherson Court of Appeal considered a civil case filed by a testamentary heir seeking to determine an additional period for submitting a declaration of acceptance of inheritance.
Circumstances of case No. 766/10040/24
The plaintiff requested three months to apply to a notary, citing health conditions, treatment, as well as circumstances related to martial law and systematic shelling of the city of Kherson. The court of first instance agreed with these arguments and granted the claim.
Disagreeing with the decision, an appeal was filed by a person who did not participate in the case but stated that the court's decision directly affected her rights, as she had already registered ownership rights to the disputed land plots through inheritance by law.
Upon reviewing the case, the appellate court noted that according to Articles 1269, 1270, 1272 of the Civil Code of Ukraine, an heir who did not permanently live with the decedent must submit a declaration of acceptance of inheritance within six months. If this period is missed, the court may grant an additional period only for valid reasons.
At the same time, the key issue in this case was the proper defendant. The appellate court stated that a claim by an heir to determine an additional period for accepting inheritance infringes on the rights of another heir who has already accepted the inheritance. Therefore, the proper defendants in such disputes are the heirs who have accepted the inheritance, and in their absence – the territorial community represented by the relevant local self-government body.
It was established in the case that another person had already obtained certificates of inheritance rights by law and registered ownership of the disputed land plots. However, the claim was filed against the Soviet Village Council of Bilozerka District, Kherson Region, which was not the proper defendant in this dispute. The court of first instance did not pay attention to this and considered the case without involving the person whose rights were directly affected by the decision.
The appellate court also took into account the legal position of the Grand Chamber of the Supreme Court, set forth in the ruling dated April 17, 2018, in case No. 523/9076/16-c, according to which determining the defendant is the plaintiff's right, but establishing the proper defendant and the validity of the claim is the court's duty.
What the court decided
Considering the incomplete clarification of the case circumstances, incorrect application of substantive law, and violation of procedural law, the Kherson Court of Appeal by its ruling dated May 12, 2026, canceled the default judgment of the Kherson City Court of Kherson Region dated January 21, 2026, and adopted a new decision – to deny the claim. The plaintiff was also ordered to pay court costs for the appeal proceedings.
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