How to Inherit Property Through Court After Missing the Statutory Deadline

Case Background

A client approached our inheritance lawyers seeking assistance with the administration of her inheritance following the deaths of her relatives. The primary issue was that she had failed to apply for the inheritance within the statutory six-month deadline. In addition, ownership of the inherited property had never been formally registered by her relatives, making it impossible to complete the inheritance procedure without court intervention.

During our legal review, we established that the house, which constituted the principal inheritance asset, had belonged to our client's grandmother. After the grandmother's death, the client's mother continued living in the house but never formally registered her inheritance rights. Consequently, our client needed to inherit both after her grandmother and after her mother. The situation was somewhat simplified because the mother had executed a will naming our client as her sole beneficiary.

Before contacting us, the client had attempted to resolve the matter independently. She filed an application asking the court to establish the legal fact that she had accepted the inheritance by permanently residing with both her mother and grandmother at the relevant time.

The court dismissed her application because it concluded that she had failed to provide sufficient evidence proving her permanent residence with her mother and grandmother at the time the inheritance was opened. This decision effectively prevented her from completing the inheritance procedure and deprived her of any practical opportunity to obtain ownership of the inherited property.

At this stage, our legal team became involved and prepared an appeal. We argued that although our client had attempted to establish the legal fact of inheritance acceptance, the dispute was, in substance, a dispute over property rights. Therefore, it could not be considered under separate proceedings but had to be resolved through ordinary civil proceedings. This approach would allow us to file a new lawsuit, gather additional evidence, and seek judicial recognition of our client's inheritance rights.

Fortunately, the appellate court agreed with our legal arguments. Although it dismissed our client's original application, it did so for different legal reasons, holding that disputes concerning inheritance rights cannot be resolved through separate proceedings and must instead be examined in ordinary civil litigation. This ruling enabled us to prepare a new lawsuit and collect additional evidence confirming that our client had continuously lived with both her mother and grandmother.

What Did We Need to Prove?

We had to demonstrate that our client had continuously lived in the house from the date of her birth until the date she applied to the court, despite not being officially registered at that address. We also needed to prove that she had been living as one family with her mother at the time of her mother's death and with her grandmother at the time of her grandmother's death. On this basis, we requested the court to recognize our client's ownership of one-quarter of the residential house inherited by law after her mother and three-quarters of the same property inherited after her grandmother.

We collected substantial documentary evidence confirming our client's continuous residence at the property. During the court hearing, witnesses testified that she had lived in the house since early childhood. After considering all evidence, the court granted our claim and recognized our client's ownership rights by inheritance after both her grandmother and her mother. This judgment became the legal basis for registering her ownership rights and ultimately enabled her to dispose of the property by selling it and receiving the proceeds.

Conclusions

Applying to a notary within the statutory deadline is the most important step in protecting your inheritance rights. Delays, missed deadlines, missing documents, or procedural mistakes may ultimately result in losing property that rightfully belongs to your family. However, this case demonstrates that even complex inheritance disputes can often be successfully resolved through court proceedings.

Another important lesson is that selecting the correct legal remedy is crucial. Before filing a lawsuit, it is essential to ensure that the chosen legal procedure is appropriate for the specific dispute. Equally important is collecting all relevant and admissible evidence before commencing court proceedings, since documentary evidence forms the foundation of every successful inheritance claim.

Even the most difficult inheritance cases can often be resolved with timely legal assistance. Our recommendation is simple: do not experiment with your inheritance rights. Instead, consult experienced inheritance lawyers as early as possible to receive qualified legal support.

The case was handled by attorney Roman Chumak.

This article is based on the court judgment in case No. 643/2139/20 and is provided for informational purposes only. Every inheritance case is unique, and its outcome depends on its specific facts and evidence. To assess the prospects of your own case, we recommend consulting our inheritance lawyers.