Support of property inheritance cases and registration
inheritance to foreigners
Foreigners, as well as citizens of Ukraine, have the right to inherit after the death of the testator.
The principles of inheritance apply equally to both foreigners and citizens of Ukraine.
However, there are peculiarities and obstacles that may arise in the process of inheritance of foreigners:
- In most cases, a foreigner does not personally arrive in Ukraine, so all legal actions are performed through representatives on behalf of the person. The assignment must be notarized, apostilled (or legalized) and must have the necessary authority, in particular, regarding the re-registration of inheritance rights, payment of taxes and other necessary legal actions.
- In order to inherit in Ukraine, a foreigner must obtain an identification code (TIN), even if he previously had no connection with Ukraine.
- A foreigner, regardless of the degree of kinship, is subject to taxation at the time of inheritance, with the exception of those who permanently reside in Ukraine and have a permanent residence permit, as they are considered as residents of Ukraine from the point of view of taxation.
- Inheritance of agricultural land plots is possible, but a foreigner must alienate them within a year from the moment of registration of the inheritance.
- It is necessary to check all documents in detail, as documents issued in Ukraine and in other countries may differ. This can lead to situations where the information in the will and the foreigner’s identification code differ, and in this case complex legal procedures may be required.
The procedure of inheritance by a foreigner in Ukraine is similar to the procedure for local citizens and involves a number of stages that must be completed within 6 months from the moment of the opening of the inheritance (death of the testator).
This procedure may involve legal or testamentary inheritance.
Here is a short checklist for a foreigner who inherits property in Ukraine:
- Assess your situation and understand the main aspects of inheritance.
- Prepare for the procedure, find the necessary documents for inheritance and prepare the originals of these documents.
- Contact an experienced lawyer for advice on the inheritance procedure, terms and possible risks.
- Prepare a package of necessary documents, contact a notary and start the inheritance procedure.
- Pay the taxes and re-register the ownership of the inherited property.
This process can be difficult for a foreigner, so our team is ready to provide professional support.
If you need help or advice regarding inheritance, the law firm "Naumenko and Partners" is ready to help you in this difficult matter.
Inheritance, especially in the case of a foreign component, is a complex process that is accompanied by many difficulties and requires careful consideration at the stage of the initiation of the procedure.
For example, one of our clients was faced with the loss of her passport, which required its restoration for inheritance. Another client had documents with discrepancies in the decedent's name due to the process of adding the name to the documents "according to the applicant", and we needed to reconcile these documents under the same decedent's name.
Some heirs may have missing real estate title deeds, which can be attempted to be restored during inheritance.
It is worth considering the main problems that may arise during inheritance:
- Problems related to the absence or errors in documents. Often these problems can be solved.
- Problems caused by actions of third parties, such as persons claiming inheritance, of which you did not know existed.
- The presence of debts of the testator, which also pass to the heirs, which they may not know about.
- The existence of a will for a third party, about which you have no information.
- The presence of heirs who have the right to a mandatory part of the inheritance, but this was unknown to you.
- In the case of inheritance, be sure to consult a lawyer, as the initial consultation can be very important for the initial stage of inheritance.
Lawyers of the legal company "Naumenko and Partners" will help you:
- Analyze tax rates and propose tax optimization options.
- Provide full support during registration of inheritance in Ukraine.
- Organize a visit to a notary, translation of documents and other technical aspects of the procedure for acceptance and registration of inheritance in Ukraine.
Help with the re-registration of inheritance rights and obtain documents for inherited property.
Law firm “Naumenko and Partners” provides legal services to foreign citizens in complex and qualified support of inheritance registration, including translation and legalization of documents, representation of interests at a notary, BTI, TsNAPi, other state authorities and local self-government bodies, reregistration of property rights to inheritance.
The cost of legal services for supporting cases of property inheritance and registration of inheritance for foreigners is determined in each specific case, taking into account the specifics and complexity of the case, as well as depending on the amount of legal assistance provided.
Do you need legal help?
Have questions or need more information?
Just write to us!
Why choose us?
Professionalism and significant practical work experience
We provide the Client with interest-free installment payments for the rendered legal services
A comfortable and modern office in the very center of Kyiv, next to the metro
(100 meters from the University metro station and 4 minutes from the Teatralna metro station, as well as from the Zoloti Vorota metro station)
