Restoration of the Inheritance Acceptance Deadline During Martial Law

Our legal team successfully represented a client in court proceedings seeking an additional period for accepting an inheritance during martial law in Ukraine. Thanks to a well-founded legal strategy and a comprehensive approach to the case, our client obtained a favorable court judgment and the opportunity to exercise his inheritance rights.

In June 2025, the Osnovianskyi District Court of Kharkiv considered our client's claim requesting the establishment of an additional period for accepting the inheritance following his mother's death. The court concluded that the claimant had missed the statutory six-month inheritance acceptance deadline for valid reasons and granted the claim by allowing an additional period for submitting the inheritance acceptance application to a notary.

The claimant's mother passed away in December 2022 in the city of Kupiansk, Kharkiv Region. At the time the inheritance was opened, the area was an active combat zone and had previously been under temporary occupation. These circumstances significantly restricted access to government authorities and notarial services.

The client also remained in Kupiansk both during the occupation and after its liberation while the city continued to experience constant shelling. Because of the danger to his life, the inability to access functioning notarial services, and the severe psychological impact of his mother's sudden death, he was unable to submit the inheritance acceptance application within the statutory deadline.

Only in 2025, after relocating to Kyiv, was he able to contact a notary and prepare the necessary documents through an authorized representative. However, the notary refused to issue the Certificate of Inheritance because the statutory deadline had expired, making court proceedings the only available legal remedy.

Our legal team provided comprehensive legal representation throughout the case, including preparing the court claim requesting an additional inheritance acceptance period, collecting evidence demonstrating the objective obstacles caused by the war, and presenting detailed legal arguments based on Ukrainian civil legislation and the current case law of the Supreme Court.

After examining the evidence, the court concluded that the client had continuously lived in an area of active and potential hostilities where government institutions were effectively unable to operate. The court found that the circumstances of the war objectively prevented him from applying to a notary within the statutory deadline and recognized these circumstances as valid reasons that deprived him of a genuine opportunity to exercise his inheritance rights. As a result, the court granted the claim and established an additional three-month period, commencing from the date on which the judgment became final, for submitting the inheritance acceptance application.

Following the court's decision, we continue to assist the client by coordinating all further interactions with the notary and preparing the documents necessary to complete the inheritance administration process. This case demonstrates that even during active military hostilities and despite limited access to public authorities, inheritance rights can be successfully protected when legal assistance is obtained promptly and the circumstances of the case are properly substantiated.