Inheritance Disputes in Kyiv: Inheritance Lawyer | Yurinkom

Updated: July 2026. Prepared by attorney Igor Balaban.

Not every inheritance case goes smoothly through a notary. A missed deadline, a notary's refusal, errors in documents, disputes between heirs, a contested will, or the need to prove a family relationship: in each of these situations the notary cannot complete the process independently, and the matter moves to court.

Yurinkom law firm has handled inheritance disputes in Kyiv since 1992. Cases are managed personally by attorney Igor Balaban: from the initial consultation and strategy to court representation and enforcement of the decision. If a matter can be resolved without litigation, we say so upfront.

Clients based abroad do not need to travel to Ukraine for most inheritance court disputes: the engagement agreement is signed remotely, and representation in court is provided on the basis of the agreement and attorney's warrant. If the notary stage requires a personal application or power of attorney, we explain what is needed after reviewing the documents.

Describe your situation: what happened, when the estate was opened, whether you have contacted a notary, and what documents you have.

When court is required in an inheritance matter

Most inheritance matters are handled through a notary: the documents are in order, the deadline has not been missed, there are no disputes, and the will raises no questions. A notary acts only within the limits of undisputed documents. When an obstacle arises that a notary cannot resolve independently, the notary may issue a refusal, and the matter must then be resolved in court.

When a notary is sufficient

Documents on the property are in order, the six-month acceptance deadline has not been missed, all heirs are known and have no disputes, the will surprises no one, and family ties are confirmed by official documents without errors or discrepancies. In this case the notary opens the estate proceedings and issues an inheritance certificate after six months.

When court is unavoidable

Court is required in the following situations: the six-month deadline was missed and not all heirs who accepted the estate have given written consent; documents confirming family ties are missing or contain errors; there is a dispute regarding the will, the order of succession, shares, or the composition of the estate; an heir seeks to exclude another from succession; the notary cannot issue a certificate because the property is improperly registered; a common-law spouse claims the estate; or creditors of the deceased are involved.

Quick facts

Practice areas

Inheritance disputes are rarely straightforward. Below are the main situations we handle.

Extension of the inheritance acceptance deadline

If the six-month deadline was missed, the situation does not always require court. We first check whether the estate may be considered accepted on a factual basis, and whether heirs who already accepted the estate can provide written consent. If consent is unavailable or there are no other heirs, we prepare a court application.

Fee assessed after review of documents and circumstances

Contesting a will and defending it

A will can only be contested on legal grounds: doubts about the testator's capacity at the time of execution, duress or fraud, breach of form or notarisation procedure, or a forged signature. Dissatisfaction with the contents of a will is not sufficient grounds. We also represent clients defending a valid will against unmeritorious claims.

Fee assessed after review of documents and grounds

Forced share in the estate

If your right to a forced share is being ignored or other heirs are attempting to reduce it, we prepare a claim for its protection. If you are the party against whom such a claim is made, we analyse whether the claim has legal merit.

from UAH 5,000

Exclusion of an heir from succession

The grounds for exclusion are defined and limited by law. Family conflicts or unwillingness to share the estate are not grounds. Before filing, we assess the available evidence and the realistic prospects of the case.

Fee assessed after review of circumstances and evidence

Establishing the fact of family relationship

If documents contain errors, surnames are inconsistent, or documents are missing entirely, the notary cannot independently confirm the family tie. Establishing this fact is handled through separate court proceedings.

from UAH 3,000

Common-law spouse and inheritance

A person who lived with the deceased as a family unit for at least 5 years prior to the opening of the estate may qualify as a fourth-priority heir by law. However, this requires proof in court: not merely shared registration of residence, but evidence of the family character of the relationship. In everyday language this is often called a "common-law marriage," but legally it refers to cohabitation as a family without registered marriage.

Fee assessed after review of evidence

Division of inherited property between heirs

If heirs cannot agree on the division of an apartment, house, land plot, vehicle, or business share, the dispute is resolved in court. We also challenge unfair divisions made without proper regard for an heir's interests.

from UAH 5,000

Heir residing abroad

For court representation the attorney acts on the basis of the engagement agreement and warrant, without a power of attorney. However, for notarial processing of the estate a warrant alone is insufficient: a notary will not open an estate file on that basis alone. An heir abroad must either submit an inheritance acceptance application certified at a Ukrainian consulate or by a notary with an apostille, or issue a notarial power of attorney to the attorney or another trusted person. The specific procedure depends on the country of residence and whether the estate file has already been opened.

Fee assessed after review of the situation

Disputes with creditors of the deceased

Heirs are liable for the debts of the deceased only up to the value of the estate they received. Each heir is liable in proportion to their share. If a creditor presents claims exceeding these limits or for obligations that do not pass by succession, the claim can be contested.

Fee assessed after review of the creditor's claims

Key questions answered

What to do if the 6-month inheritance deadline was missed?

Short answer: the deadline was missed, but the right to inherit is not automatically lost. There are two paths: written consent of heirs who have already accepted the estate, or a court application.

The first step is verifying whether the deadline is actually considered missed. If the heir was permanently residing with the deceased at the time the estate was opened, the law in certain circumstances treats the estate as accepted without a separate application. If an application was genuinely required and was not filed, the attorney analyses the documents and determines which path is viable.

If other heirs give written consent, an application can be filed with the notary without going to court. If consent is unavailable or there are no other heirs, a court application is prepared for an extension of the deadline. The court requires proof that the reason for missing the deadline was valid and genuinely prevented timely contact with the notary.

The Supreme Court of Ukraine's practice on this point is stricter than it may appear: even with valid reasons, courts frequently decline to extend the deadline. The quality of the evidentiary basis and the correct formulation of the claim are decisive.

Important: the court does not "restore the inheritance" automatically. It grants an additional period, typically 2-3 months, sufficient to file an application with the notary. After the ruling, the notary must be contacted within that period.

Can a will be contested after the testator's death?

Short answer: yes, but only on legal grounds. The general limitation period is 3 years, counted not from the date of death but from the moment the person learned or should have learned of the violation of their right.

The most common grounds: the testator, at the time of executing the will, was unable to understand their actions due to illness or medication; the will was executed under duress or through fraud; the form of the will or the notarisation procedure was breached; the signature is forged. Medical records, witnesses, and notarial materials are the key evidence in such cases.

Mere dissatisfaction with the contents of the will is not a ground for invalidation. Where reasonable doubts exist, the attorney assesses the evidentiary basis and the merits before a claim is filed.

Who inherits first under Ukrainian law?

Short answer: the testator's children, the surviving spouse, and the parents. All receive equal shares.

Where there is no will, or the will has been declared invalid, the estate is distributed among statutory heirs in order of priority. If there are no first-priority heirs or all have declined, the right passes to the second priority: full siblings, and grandparents.

In practice distribution becomes complicated if there is a dispute about the composition of the estate, the rights of any heir to a forced share, or if one heir has already factually accepted property while others contest this. Each situation requires separate analysis.

What is the forced share and who is entitled to it?

Short answer: the law protects certain persons regardless of the contents of the will. They receive half of the share that would have been due to them under statutory succession.

The following persons are entitled to a forced share: minor children of the deceased, adult incapacitated children, an incapacitated widow or widower, and incapacitated parents. This share is allocated even if such persons are not mentioned in the will or are expressly disinherited.

In exceptional circumstances the court may reduce the forced share or decline to award it, taking into account the relationship between the testator and the heir and other material circumstances. But this is the exception, not the rule.

Does a common-law spouse have a right to inherit?

Short answer: there is no automatic right, as there is for a registered spouse. However, if the person lived with the deceased as a family unit for at least 5 years prior to the opening of the estate, they may qualify as a fourth-priority heir by law.

In practice the central issue is not the rule but the evidence. It is necessary to prove not merely shared registration of residence or cohabitation, but specifically the family character of the relationship: shared household and expenses, mutual support, recognition by others as a family. Documents on shared expenses, bank statements, witnesses, correspondence, and utility payment receipts are used for this purpose.

Such cases almost always go to court and require a solid evidentiary basis before the claim is filed.

Documents for an inheritance dispute

The specific list depends on the situation. The following are required in virtually all cases:

• passport and tax identification number of the heir;
• death certificate of the deceased;
• documents confirming family ties (birth, marriage, or adoption certificate);
• the will, if one exists;
• title documents for the deceased's property;
• the notary's refusal order, if one has already been issued;
• documents from the notarial estate file, if proceedings were opened.

Depending on the situation, the following may also be required: medical records of the deceased (to contest a will), evidence of valid reasons for missing the deadline, evidence of cohabitation as a family unit (for a common-law spouse), property valuation documents (for property claims), and documents relating to the deceased's debts.

Not all of these documents are always available. Some can be obtained through attorney requests or court orders. At the initial consultation we identify which documents are needed in your specific case and how to obtain them.

Court fees in inheritance matters in 2026

The court fee depends on the type of application. The rates differ for non-property claims, property claims, and separate proceedings.

The exact court fee is determined once the subject of the claim has been formulated. The same inheritance situation may have several procedural pathways with different fee rates.

Frequently asked questions

What to do if I did not file an inheritance application within 6 months?

Short answer: first we verify whether the deadline is actually considered missed. If it is, there are two options: written consent of heirs who accepted the estate, or a court application.

If you were permanently residing with the deceased at the time the estate was opened, there are grounds to treat the estate as factually accepted. These circumstances need to be confirmed and explained to the notary. If not, we analyse whether written consent from other heirs is feasible, and if not, we prepare a claim.

Can a will be contested?

Short answer: yes, but only on legal grounds defined by law. Simple disagreement with the contents or a family conflict is not a ground.

Grounds for contesting: the testator's capacity at the time of executing the will, duress or fraud, breach of form, forged signature. General limitation period: 3 years from the date the person learned of the violation of their right.

Who inherits first by law in Ukraine?

Short answer: the testator's children, the surviving spouse, and the parents. They receive equal shares.

Where a will exists, succession follows the will primarily, but the rights of persons entitled to a forced share are protected regardless of the will's contents.

Does a common-law wife have the right to inherit?

Short answer: there is no automatic right. However, if the person lived with the deceased as a family unit for at least 5 years prior to the opening of the estate, they may claim inheritance as a fourth-priority statutory heir.

This fact must be established exclusively in court. Evidence is required: documents, witnesses, proof of shared household and expenses.

How to prove family relationship for a notary?

Short answer: the standard route is a birth, marriage, or adoption certificate. If documents are missing or contain errors, the fact of family relationship is established by the court in separate proceedings.

Discrepancies in surnames, outdated or missing archive documents, or a name change not reflected in all documents: all of these are resolved in court with supporting materials and witnesses.

What is the forced share in an estate?

Short answer: half of the share that would have been due under statutory succession. It applies to minor children, adult incapacitated children, an incapacitated widow or widower, and incapacitated parents.

This share is allocated regardless of what the will states. The court may reduce it or decline to award it only in exceptional circumstances.

How to exclude an heir from succession?

Short answer: the grounds are limited by law. A family conflict or unwillingness to share is not a ground. Legally significant circumstances under Art. 1224 of the Civil Code of Ukraine must be evidenced.

Typical grounds: intentional deprivation of the testator's life or attempted murder, intentional obstruction of the execution or amendment of a will, abandonment of the testator who was in a helpless state. Most such cases require a court decision and an evidentiary basis.

Do debts transfer with the inheritance?

Short answer: yes, but heirs are liable only up to the value of the estate received. Liability beyond that amount does not arise.

If there are several heirs, each is liable in proportion to their share. Accepting the estate in part while rejecting the debts is legally impossible: inheritance cannot be accepted partially. If debts exceed the value of the estate, it can be declined in full.

What to do if a notary refused to issue an inheritance certificate?

Short answer: obtain or record the grounds for the notary's refusal, then determine what needs to be done: correct documents, establish a fact in court, recognise ownership, or challenge the notary's actions.

The grounds vary. Sometimes the issue is resolved with a single document or an archive request. Sometimes court proceedings are required. Filing a claim without understanding the reason for the refusal is inadvisable.

What is the court fee in an inheritance case in 2026?

Short answer: it depends on the type of claim. Establishing a fact: UAH 665.60. Non-property claim: UAH 1,331.20. Property claim: 1% of claim value, max UAH 16,640.00.

The exact amount is determined once the subject of the claim has been formulated. Rates are calculated from the subsistence minimum for able-bodied persons (UAH 3,328 in 2026).

Can inheritance be processed remotely if I am abroad?

Short answer: court proceedings can be conducted by the attorney remotely on the basis of the engagement agreement and warrant, without a notarial power of attorney. For notarial processing of the estate a warrant is insufficient: the notary will not open the estate file on that basis alone.

An heir abroad must either submit an inheritance acceptance application certified at a Ukrainian consulate or by a notary with an apostille, or issue a notarial power of attorney to the attorney or another trusted person. The specific procedure depends on the country of residence and the current status of the estate file.

When does an inheritance case definitely go to court?

Short answer: when the notary cannot process the estate due to circumstances outside the notary's authority.

Court is required when: the deadline was missed without consent from other heirs; documents are missing and cannot be obtained without a court order; there is a dispute about the will, shares, or succession order; a legal fact must be established; the notary has issued a refusal order.

Why Yurinkom

Yurinkom law firm was established in Kyiv in 1992. Inheritance dispute cases are handled personally by attorney Igor Balaban: from the initial consultation and strategy through court representation and obtaining the decision.

We do not promise guaranteed outcomes and do not recommend litigation where the matter can be resolved through a notary. At the consultation we give an honest assessment of the case's merits, explain the court fee and likely timeline, and only then propose a course of action.

Clients based abroad receive full remote support: the engagement agreement is signed electronically, and the attorney represents their interests in court on the basis of a warrant.

Current practice: civil disputes, inheritance disputes, division of marital property, family disputes.