Stepfather raised her as his own daughter, but had to prove it in court to formalize the inheritance

A stepdaughter who lived with her stepfather as one family for over five years before his death, cared for him, and managed a joint household was able to formalize her inheritance rights to property not covered by the will. This conclusion was reached by the Uman City District Court of Cherkasy region, which established the legal fact of cohabitation necessary for further inheritance formalization.

The court noted that the absence of registered residence does not by itself exclude the possibility of proving the fact of permanent residence with the deceased. If the notary lacks documents confirming such a fact, the heir may apply to the court with a request to establish it. In such cases, the court decision serves as the basis for further formalization of inheritance rights.

Case circumstances

A woman applied to the court requesting to establish the fact of living as one family with her stepfather for at least five years before the inheritance was opened.

She stated that her biological father did not participate in her upbringing, while her stepfather effectively raised her as his own daughter. According to the applicant, they had been one family since 1969, and from 2015, when due to old age and deteriorating health her mother and stepfather needed help, she moved in with them and began living permanently in the house without changing her registered place of residence.

After her mother’s death, the woman continued to live with and care for her stepfather until his death. The court found that the applicant provided his treatment, bought medicines, paid utility bills, organized and paid for the burial, and also cared for his grave. She and the deceased shared a household, managed a joint economy, had a common budget, and mutual rights and obligations.

After the deceased’s death, part of the property was inherited according to the will. However, the land plot for personal farming was not included in the will.

To formalize inheritance rights to this property, the notary advised the applicant to apply to the court to confirm her permanent residence with the deceased during the last five years before his death. The applicant considered herself a fourth-degree heir by law and stated that establishing this legal fact was necessary to formalize the inheritance.

Evidence examined by the court

The court examined an act of the applicant’s actual residence without registration from 2015 until the deceased’s death, a certificate from the executive committee of the Uman City Council confirming her actual residence at the relevant address, documents confirming her payment of utility bills since 2017, as well as materials of the inheritance case.

Additionally, the court took into account written explanations from neighbors who confirmed that the applicant constantly lived with the deceased, cared for him, bought medicines, accompanied him to doctors, paid utilities, and after his death organized the burial.

The court also noted that neither the Uman City Council nor any other interested party objected to the satisfaction of the application.

Court’s legal position

The court stated that according to Article 1268 of the Civil Code, an heir who permanently lived with the deceased at the time the inheritance was opened is considered to have accepted the inheritance if they did not refuse it within the legally established period.

If the fact of permanent residence is not confirmed by documents sufficient for the notary, the person has the right to apply to the court to establish it. This procedure is provided both by the Civil Procedure Code of Ukraine and by clarifications of the Plenum of the Supreme Court of Ukraine and the practice of inheritance law application.

The court emphasized that the absence of registered residence does not exclude the possibility of proving permanent residence with the deceased. Such a fact can be confirmed by other proper and admissible evidence, including certificates from local government bodies, acts of actual residence, documents on managing a joint household, payment of expenses, and witness testimonies.

Having evaluated all the evidence collectively, the court in case 705/5117/25 concluded that the applicant indeed permanently lived with the deceased as one family from 2015 until his death, and establishing this fact creates legal consequences as it is necessary to realize her right to formalize the inheritance.

Court decision

The Uman City District Court of Cherkasy region satisfied the application and established the fact of the applicant’s residence as one family with the deceased at one address from 2015 until February 25, 2023.

The legal fact established by the court serves as proof of the applicant’s permanent residence with the deceased and can be used to formalize inheritance rights in notarial procedure regarding property not covered by the will. The court did not decide on the recognition of inheritance rights or determination of heirs but only established the legal fact necessary for further inheritance formalization.

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