Inheritance in the Occupied Territory: How Not to Lose Property and Have Time to Formalize Rights

Despite the temporary occupation of parts of Ukraine, heirs do not forfeit their inheritance rights. Legislation provides a special mechanism to formalise these rights, even when the property or the deceased's last place of residence is in a temporarily occupied territory or an active combat zone. It is not necessary to travel to the temporarily occupied territories (TOTs), as all requisite legal procedures can be completed in territory controlled by Ukraine. However, heirs should be aware of specific rules concerning the opening of inheritance cases, deadlines for acceptance, confirmation of death, and document processing.

Where to Open an Inheritance Case if the Property is Located in the TOT

Typically, an inheritance case is opened at the deceased's last place of residence, a principle enshrined in the Civil Code of Ukraine, as reiterated by the Sumy Interregional Department of the Ministry of Justice.

However, due to military actions, the legislation has been adapted. If the deceased's last place of residence was in a temporarily occupied territory or an active combat zone, heirs may apply to any state or private notary in territory controlled by Ukraine.

This also applies if an inheritance case was initiated in the TOT but cannot proceed due to lost or inaccessible documents. In such instances, any state or private notary, upon receiving a relevant application, may take over the inheritance case.

Before proceeding, specialists verify the status of the settlement against the List of territories where hostilities are or were conducted or which are temporarily occupied by the Russian Federation. If the settlement is listed as an active combat zone or temporarily occupied territory, the heir's application will be approved, provided all necessary documents are available.

Deadlines for Accepting Inheritance During Martial Law

The right to inheritance commences on the day the inheritance is opened.

From this date, heirs have six months to submit an application to accept or refuse the inheritance.

If the right to inheritance arises because other heirs have not accepted or have refused it, a three-month deadline is set for submitting the application, calculated from the moment of non-acceptance or refusal by the other heirs.

Missing the statutory deadlines does not automatically result in the loss of inheritance rights. If the deadline was missed for valid reasons, it can be reinstated:

• By court decision;

• By written consent of other heirs.

When considering such cases, the court assesses whether the reasons for missing the deadline were objective, insurmountable, and created significant difficulties for timely acceptance of the inheritance.

Additionally, during martial law and for two years after its termination or cancellation, special rules for calculating deadlines apply.

If the state registration of the deceased's death occurred more than one month after the death or declaration of death, the six-month period commences from the date of state registration of death.

These rules apply both to inheritances opened after the introduction of martial law and to inheritance cases opened before its introduction, provided the deadline for acceptance had not expired and no heir had been issued a certificate of inheritance rights.

How to Formalise an Inheritance if a Person Died in a Temporarily Occupied Territory

One of the most common situations involves the death of an individual in a temporarily occupied territory.

The Ministry of Justice stresses that documents issued by occupation administrations lack legal force in Ukraine. Therefore, to formalise an inheritance, a Ukrainian death certificate must be obtained.

If it is impossible to register the death in the usual manner, the fact of death is established by the court in accordance with the Civil Procedure Code of Ukraine.

Once the court decision becomes legally binding, the civil status registration authority will carry out the state registration of death and issue a Ukrainian-style death certificate. Only after this can a notary open and formalise the inheritance case.

What the Notary Checks Before Opening an Inheritance Case

Before opening an inheritance case, the notary establishes:

• The fact of the deceased's death;

• The time and place of the

  inheritance's commencement;

• The status of the territory where the inheritance

  commenced;

• The circle of heirs;

• The existence of a will;

• The composition of the inherited property and its location;

• The need to take measures to protect the inherited property.

What to Do if Documents for Real Estate or Land are Lost

Due to the war, many owners have lost documents confirming ownership rights to property.

If ownership rights to a land plot or real estate were registered without the issuance of the corresponding document, or if the document was lost, damaged, or spoiled, the notary can formalise the inheritance case based on information from the State Register of Property Rights to Real Estate, obtained through direct access to the register.

If the necessary information or documents are unavailable, the heir will need to apply to the court with a claim to recognise ownership rights by inheritance.

Thus, even if the inherited property remains in a temporarily occupied territory, the occupation does not deprive citizens of inheritance rights. Ukrainian legislation provides special mechanisms for formalising inheritance rights, and state and private notaries in controlled territory continue to carry out such procedures in accordance with current legislation.

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