Is it possible to register inheritance if the father's surname is written differently in documents — court's answer
The Khmelnytskyi City District Court established the fact of family relations between an applicant and her deceased father. This followed a notary's inability to register her inheritance rights due to discrepancies in the spelling of the surname across various documents.
The court concluded that the applicant is the biological daughter of the testator and that establishing this legal fact is necessary for the registration of the inheritance.
Circumstances of the case
A woman petitioned the Khmelnytskyi City District Court to establish the fact of family relations with her deceased father.
Following the man's death, an inheritance, including a 0.10 ha land plot for personal farming and a residential house, was opened.
During his lifetime, the testator had bequeathed all his property to his two daughters in a will. The applicant, as one of the heirs named in the will, applied to the notary within the legally stipulated period to accept the inheritance.
During the registration of inheritance rights, the private notary informed her that a certificate of inheritance rights could not be issued due to inconsistencies in the spelling of the father's surname in the documents confirming family relations. Specifically, the father's surname was spelt one way in the applicant's birth certificate and another in his death certificate and property title documents. Consequently, the applicant was advised to apply to the court to establish the fact of family relations.
Neither the other heir under the will nor the Novodunaivtsi settlement council objected to the petition.
Court's position
After examining the case materials 686/14899/26, the court established that an inheritance had been opened following the man's death, but registering inheritance rights was impossible due to discrepancies in the spelling of the testator's surname in the documents.
The court considered the applicant's birth certificate, which identified the deceased as her father. It also noted that, according to Article 315 of the Civil Procedure Code of Ukraine, facts of family relations between individuals can be established in separate proceedings if the realisation of their rights depends on it.
Evaluating the evidence provided, the court concluded that the claims were justified and should be satisfied.
Court decision
The Khmelnytskyi City District Court granted the petition and established the legal fact that the applicant is the biological daughter of the deceased.
The fact of family relations established by the court provides the basis for confirming the applicant's kinship with the testator when registering inheritance rights, despite discrepancies in the spelling of the surname in various official documents.
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