How to Avoid Losing an Inheritance in Ukraine While Abroad: A Real Case with a Will

For many people, inheritance seems like a straightforward process, especially when it concerns direct relatives. However, when geographic distance is compounded by martial law, multiple claimants, and “surprises” in the form of wills, the matter turns into a complex legal quest. In such situations, remote submission of an application for acceptance of inheritance is only the tip of the iceberg, while the real work lies in untangling the knots that hinder the fair distribution of property.

In this article, we will examine a real case where the Client’s initial strategy became impossible due to new circumstances, and only in-depth legal analysis helped find a solution where it seemed there was no longer any right to the inheritance.

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Inheritance in Ukraine for Citizens Living Abroad

The situation began in a typical way: a Spanish citizen contacted our law firm seeking assistance with inheriting property remotely. Her father, a Ukrainian citizen, had passed away in Ukraine, but due to the war, the Client was unable to travel to Ukraine in person to open the inheritance case and exercise her inheritance rights.

At first glance, the task seemed purely technical: to help the daughter (a first-priority heir) enter into her ownership rights. However, after analyzing the case, our lawyers realized that the circumstances were far more complex.

Opening the Case: Initial Scenarios and Unexpected Obstacles

In accordance with the requirements of the Civil Code of Ukraine, an inheritance case is opened by a notary at the last place of residence of the deceased or at the location of the main part of the inherited property. In our case, an application for acceptance of the inheritance had already been submitted by the deceased’s mother, the Client’s grandmother, which served as the basis for opening the inheritance case within the statutory six-month period.

As a legal first-priority heir, our Client could choose one of several legal options to formalize the inheritance:

1. Send an application for acceptance of the inherited property to Ukraine by mail, having it notarized in advance and apostilled abroad.
2. Submit a statement of waiver of inheritance in favor of another heir, in particular her grandmother.

At the same time, during the legal analysis of the situation and communication with the notary handling the inheritance case, circumstances came to light that completely changed the defense strategy. First, several individuals were claiming the inheritance, namely: the daughter, the mother, and the wife of the deceased. Second, long before his death, the deceased had drafted and duly certified a will according to which all his property was bequeathed to his wife.

Accordingly, with the existence of the will, our Client (the daughter) lost her legal right to claim the real estate. At first glance, the testator’s intent appeared unequivocal, and our position seemed weak. However, we identified the very legal “hook” that fundamentally changed the situation.

The Legal Hook: Protecting the Mandatory Share in the Inheritance

Thus, our company’s lawyers analyzed not only the text of the will but also the legal status of each family member at the time the inheritance was opened. Although the Client herself was not entitled to a mandatory share, we paid close attention to the status of the deceased’s mother (the grandmother).

At the time of her son’s death (the testator), she was legally incapacitated due to age. Under current legislation, incapacitated parents are entitled to a mandatory share of the inheritance regardless of the contents of the will. Our team provided comprehensive legal assistance to ensure the unhindered realization of this right, including:

• Coordinating actions with the notary to recalculate the shares in the inherited property.
• Protecting the interests of the incapacitated heir despite the existence of a will in favor of a third party.

Thanks to our lawyers’ intervention, a situation that initially appeared to be a complete loss of inheritance rights for the family was resolved in the clients’ favor. Even in the presence of a will, the rights of the incapacitated heir were protected, and the property was distributed in accordance with the law, not solely based on the formal text of the document.

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Turnkey Remote Inheritance Processing: Legal Assistance

As our case demonstrates, in complex inheritance matters, especially remote ones, it is not enough to simply submit documents formally. A thorough analysis of all the “hidden pitfalls” is crucial. A professional approach makes it possible to find a solution even when an unexpected will appears or other encumbrances threaten your interests.

In particular, inheritance processing for foreigners, especially under martial law, requires professional legal support and a clear understanding of both the legal framework and the practical mechanisms for implementing it.

Our law firm provides comprehensive legal assistance in inheritance matters, particularly for foreigners and Ukrainian citizens living abroad. How can we help you?

1. Initial legal analysis and strategy development.
   We examine your inheritance situation in detail: the circle of heirs, the presence or absence of a will, deadlines for accepting the inheritance, and risks of missing them. Every case is unique, so we don’t offer templates - only solutions that work.
2. Turnkey inheritance processing without your presence in Ukraine.
   If you cannot travel to Ukraine, we handle the entire procedure. We manage acceptance or renunciation of the inheritance remotely, from preparing applications to advising on notarization and apostille of documents abroad.
3. Communication with notaries and government authorities.
   Our lawyers represent your interests in dealings with Ukrainian notaries, obtaining information on the progress of the inheritance case, the existence of a will, and statements from other heirs. This saves you from bureaucratic errors and the need to navigate the nuances of Ukrainian legal procedures on your own.
4. Protection of heirs’ rights, including the mandatory share.
   We carefully analyze the status of heirs entitled to a mandatory share of the inheritance. Even if a will has been drafted against your favor, we examine all legal grounds for restoring fairness and protecting your property rights.

Remember: distance or complicated circumstances should not prevent you from obtaining what is legally yours. By contacting us, you gain not just legal advice but a reliable partner who ensures comprehensive protection of your rights, even thousands of kilometers from home.

Need help with an inheritance case? Contact us for an initial consultation and start the process today.