THE ESSENCE OF THE DISPUTE:
Our clients became equal heirs after the death of their relative in 2018. They approached a notary to process the inheritance, and the notary opened the inheritance case and made the appropriate inquiries.
However, at the initial stage, it became clear that the deceased relative had not properly formalized his ownership rights to a portion of the house. Furthermore, the original property documents were lost, and it was unclear what portion of the house belonged to him.
The situation was very complicated, and the notary advised them to turn to court.
The clients changed several lawyers, and only after five years of issues did the case finally reach us.
Important:
According to the Instructions on the Procedure for Notarial Acts by Notaries of Ukraine (approved by the Order of the Ministry of Justice of Ukraine No. 2962/5 dated October 14, 2016), in order to confirm inheritance rights, original or properly certified copies of documents proving ownership of the property included in the inheritance must be provided.
According to these instructions, a notary has the right to perform inheritance actions only in the presence of evidence of ownership of the property, with original documents being the primary evidence. The absence of these documents may prevent the issuance of a certificate of inheritance rights.
WHAT WAS DONE:
We have many years of experience in handling complex inheritance cases and a deep understanding of the nuances of such cases. Real estate and construction is one of our team's key practices, so we involved experienced real estate attorneys in the case.
1️⃣ Situation Analysis and Evidence Gathering
✔️ We examined all the circumstances of the case and identified the most effective way to resolve it.
✔️ We submitted legal requests to archives to obtain the necessary documents.
✔️ We gathered all possible evidence, including responses from archives and expert conclusions.
2️⃣ Pre-trial Preparation
✔️ We decided to file a claim from the first client and then a counterclaim from the second client. This allowed us to resolve all issues within a single legal process.
✔️ We ordered technical documentation and expert opinion to confirm the inheritance share.
✔️ We prepared a series of motions for the retrieval of evidence (which nearly equaled half the claim!).
✔️ In the claim, we requested to recognize the ownership of half of the inherited property, substantiating it with archival data, expert opinions, and evidence of the loss of original documents.
3️⃣ Court Proceedings
✔️ After the proceedings were opened, we prepared and submitted a counterclaim from the second client.
✔️ We represented both clients in court, providing strong arguments for their inheritance rights.
✔️ Thanks to our comprehensive approach, we ensured a fair distribution of the inherited property.
RESULT:
Thanks to a well-thought-out strategy and thorough evidence collection, we achieved a favorable outcome for our clients.
The court fully satisfied:
✅ The claim of the first client
✅ The counterclaim of the second client
As a result, our clients were able to receive their lawful inheritance.
💼 The case was handled by real estate lawyers at Juris Ferrum Law Firm:
👩⚖️ Nadiya Gnizdovska
👩⚖️ Ganna Gnizdovska
📌 Assistant lawyer: Anastasiya Akhlamova