Improving procedure ­of notarial proceedings ­in regard to property succession

The section is focused on the issues of improving the procedure of notarial proceedings in regard to property succession. In particular, the author has revealed specific features of implementing rights to succession and issuing certificates of the right to inherit by a civil-law notary in terms of the martial law. Particular attention has been paid to operation of the Resolution of the Cabinet of Ministers of Ukraine “Some Issues of Notary in Terms of the Martial Law” in time regarding the extension of the term for succession’s acceptance. It has been emphasized that improving the procedure for succession’s acceptance is possible only by making appropriate amendments to the Civil Code of Ukraine. The author has defined the procedure for initiating a succession case in terms of the martial law by any notary of Ukraine regardless the place of initiating the succession case. At the same time, it has been emphasized that a notary can issue a certificate of the right to inherit only at the place of initiating the succession case.
It has been substantiated that the term for succession’s acceptance is calculated in the manner determined in the Art. 1270 of the Civil Code of Ukraine, taking into account the special nature of the outlined norm in respect to the Art. 253 of the Civil Code of Ukraine, as well as specifics of inheritance legal relations and the value of the time of initiating the succession case for their dynamics. Therefore, the day of death of an ancestor (declaring him dead) will be considered the first day of the term to accept succession.
Theoretical and practical problems of notarial proceedings on teasing apart inheritance and its redistribution have been studied. The procedure for teasing apart inheritance between the lawful heirs depends on the consent between them in regard to this issue. Thus, if the lawful heirs have agreed on teasing apart inheritance, then arising relationships will be of contractual nature and the division will be embodied in the form of a contract. If there is no such a consent, the tease apart inheritance will be carried out in court.
It has been substantiated that redistribution of succession is duplicative tease apart inheritance between the lawful heirs in case if the succession was accepted by other heirs after its original distribution in kind. The original tease apart inheritance is related to the receipt of certificates of the right to inherit by the lawful heirs. The law states an imperative list of methods for the redistribution of inheritance: transfer of a part of the hereditary property in kind; payment of pecuniary compensation. The use of a certain method of inheritance redistribution depends on whether lawful heirs have hereditary property in kind.
It has been concluded that relationships arising in case of redistribution of inheritance on the basis of lawful heirs’ statements are not contractual in nature. The form of inheritance redistribution is the issuance of new certificates of the right to inherit, which is accomplished by a notary on the basis of the applications submitted by lawful heirs or a court decision that has come into force.