Father Bequeathed House to Daughter, but After Her Death an Unexpected Inheritance Issue Arose: What the Court Decided

The Romny City District Court of Sumy Region has established the fact of a son’s permanent residence with his father at the time the inheritance was opened. This decision provides a basis for applying to a notary to formalise inheritance rights, as the fact established by the court may confirm the acceptance of the inheritance in accordance with Part Three of Article 1268 of the Civil Code of Ukraine.

As the court found, following the father’s death, the inheritance was intended to pass to the daughter based on a will certified in 2014. However, the daughter, who had been living in Germany for a long time, did not submit an application to accept the inheritance and subsequently died. It was only after her death that the brother contacted the notary and discovered that an inheritance case for the father’s estate had not been opened at all.

Circumstances of the Case

The applicant explained that after his mother’s death in 2013, his father moved to live in the daughter’s house, as she worked abroad. In early 2022, due to family circumstances, the son also moved in with his father and resided with him permanently. They shared a household, managed the property, and jointly purchased groceries and other necessary items. Neither the father’s nor the son’s official place of registration changed during this time.

Following his father’s death, the son did not contact a notary because he was aware of the will in favour of his sister and was convinced that she would formalise the inheritance. After his sister’s death in 2026, he applied to a notary to formalise his inheritance rights. During a check of the Inheritance Register, it was discovered that an inheritance case for the father’s estate had not been opened, and the sister had not submitted an application to accept the inheritance.

Upon contacting the notary, the applicant was informed that to formalise inheritance rights, it was necessary to apply to the court. In this regard, he requested the court to establish the legal fact of his permanent cohabitation with the testator at the time the inheritance was opened.

Evidence Examined by the Court

During the consideration of case 585/1548/26, the court examined the testimony of two witnesses who confirmed that the applicant moved in with his father in early 2022 and lived with him permanently until his death. The court also took into account a certificate from the head of the neighbourhood committee, which stated that the father had indeed lived in the daughter’s house since 2013, and that since January 2022, the son had lived there permanently with him. In addition, documents pertaining to the death of the parents and sister, the will, information from the Inheritance Register, and notary documents were examined.

The court noted that although the father was registered at a different address, this alone does not disprove the fact of his actual residence in another house. The totality of the evidence confirmed that, at the time the inheritance was opened, he permanently lived there with his son.

Court Conclusions

The court reiterated that, according to Part Three of Article 1268 of the Civil Code of Ukraine, an heir who permanently lived with the testator at the time the inheritance was opened is considered to have accepted the inheritance if they did not declare a refusal within the established period.

Evaluating all the evidence as a whole, the court concluded that the fact of the applicant’s permanent residence with his father at the time the inheritance was opened was proven, did not raise reasonable doubts, and was not disputed by an interested party. Establishing this legal fact is necessary for the further formalisation of inheritance rights.

As a result, the court granted the application and established the fact of the applicant’s permanent residence with the testator at the time the inheritance was opened. This decision holds legal significance for the subsequent formalisation of his inheritance rights.

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