How to Handle an Inheritance in Ukraine While Living in Australia: A Successful Case Study
Our law firm was approached by a client residing in Australia who needed assistance with inheriting property after the death of his mother, who had lived in Kyiv, Ukraine. At first glance, the matter appeared to be a routine inheritance case. However, during the initial online consultation, we identified a number of legal and practical challenges that required a carefully planned strategy.
1. COVID-19 Restrictions
At the time the client contacted our lawyers, the COVID-19 pandemic had begun spreading around the world. As a result, it became impossible for him to travel to Ukraine in person. He was looking for legal professionals who could handle all formalities remotely, complete the inheritance process, transfer the property rights, and resolve related disputes with other family members.
The quarantine restrictions in Australia were extremely strict. In addition to mandatory mask requirements, social distancing, and vaccination rules, international air travel had been suspended. Consequently, the heir had no practical opportunity to travel to Ukraine.
2. Family Background
During our first consultation, it became clear that the client's mother owned only a share of an apartment. Therefore, after confirming the inheritance rights, another issue arose—the client would become a co-owner of the property, making future ownership and division of the apartment a significant legal concern. The inheritance estate consisted solely of the apartment located in Kyiv, which simplified the legal work to some extent.
Like many inheritance matters, this case involved long-standing family disagreements. Without disclosing confidential details, we focused on developing the most effective legal strategy that would protect our client's financial interests while minimizing conflict.
3. Inheritance Procedure
Following the consultation, we offered the client comprehensive legal representation in Ukraine. After signing the legal services agreement, our inheritance attorneys immediately began preparing the necessary documentation.
First, we drafted the application for acceptance of the inheritance and the power of attorney. After the documents were notarized in Australia, apostilled, translated into Ukrainian, and delivered to us, we were able to begin the legal process in Ukraine.
When we attempted to open the inheritance case, we discovered that other heirs had already contacted a notary. Under Ukrainian law, all heirs must proceed before the same notary handling the inheritance case. Despite the pandemic and severe transportation restrictions, we successfully submitted the inheritance application within the statutory six-month deadline.
4. Negotiations with the Other Heirs
We confirmed that our client was legally entitled to inherit only a share of the apartment. Because he was a non-resident of Ukraine, he was required to pay substantial taxes before obtaining the certificate of inheritance. Based on the property's market value, we calculated all expected taxes and expenses in advance so that the client clearly understood the financial consequences.
After becoming a co-owner of the apartment and fulfilling all tax obligations, the client decided that he did not wish to retain ownership. Since he permanently resides in Australia, maintaining or using the apartment was impractical. Instead, he preferred to receive financial compensation for his share.
Our attorneys initiated negotiations with the other heirs in search of a mutually beneficial solution. It is worth noting that the notary handling the inheritance case actively encouraged constructive dialogue between the family members, which greatly facilitated the negotiations.
5. A Mutually Beneficial Settlement
Due to attorney-client confidentiality, we cannot disclose all details of the family dispute. However, the most important outcome was that the conflict was successfully resolved through professional legal negotiation rather than lengthy litigation. All negotiations on behalf of our client were conducted by the attorneys of our Inheritance Center.
The parties ultimately reached a mutually acceptable agreement. Our client received fair financial compensation for his lawful share of the inherited property, while the remaining heirs became the sole owners of the apartment after paying the agreed amount.
This case demonstrates that the primary objective of an inheritance attorney should always be to achieve the best possible result for the client. Instead of years of costly court proceedings, our attorneys successfully negotiated an amicable settlement that fully satisfied all parties involved.