The Ukrainian Agri Council (UAC) warns you that there are frequent cases of fraud when making a legacy to the ground when intruders refer to the will or power of attorney that were supposedly drawn up during the life of the owner. In this case, you must immediately apply to the court and challenge such a document.

Thus, the last known to UAC case of fraud happened in the Gulyaipil district of the Zaporizhzhya region.

The heir Maxim Palivoda, a few months after his mother's death, began to designate a legacy in the form of a plot of land to be owned by him, according to the will. He turned to a private notary and found out that the former tenant of the given share claimed to inherit Ivan Chervonenko as between him and the deceased owner of the land allegedly issued a power of attorney on the house and the adjoining territory. In addition to the share, Chervonenko also claimed a cash payment of UAH 40 thousand, about which the son of the deceased did not know.

In this case, Palivoda claims that the shareholder did not pay. The power of attorney on the house and the adjoining territory between mother of Maxim Palivoda and Ivan Chervonenko was canceled, but the lease agreement, because he was in the former tenant. According to the legal heir, Chervonenko is in conspiracy with the notary, because notary accepted the request for inheritance without the necessary documents. In this case, in February, six months from the date of the death of the former owner - a period for which Palivoda had to complete the registration of the land for themselves.

This case is not unique. Therefore, UAC has formed a list of the most common problems faced by the heirs during land registration, in order to prevent the heirs from fraudulent acts.

1) Missing the date of entry into the inheritance.

The declaration of acceptance of the inheritance must be filed not later than six months from the date of the owner's death. This is very important, since the omission of this term may be the reason for depriving the heir of the ownership of the land plot

Recently, courts are increasingly refusing to reinstate the legacy, so it's another argument to do everything in time. But the heir who has always lived with the testator at the time of opening the inheritance, a minor (under 14 years of age), a juvenile (from 14 to 18 years of age), an incapacitated person, as well as a civilian whose capacity is limited (there must be a court decision) are considered to have adopted the inheritance. Therefore, the term of six months is not applicable. It is enough to bring a certificate, which would confirm the fact of residence with the deceased person or another of the above fact.

2) Incorrect registration of ownership of a land plot by the previous owner (no cadastral number, lost documents, not completing the procedure for registration of ownership)

The UAC recommends that heirs think about the negative consequences in advance, carefully refer to the available documents and bring them in proper form.

3) Lack of financial resources for the registration of the inheritance.

If the heir does not have the funds for the registration of the inheritance, you must necessarily submit an application for acceptance of the inheritance (it's free). In this case, the heir does not risk having to miss the appropriate term and is able to save the required amount.

4) In district centers there are not enough notaries.

Notaries, which can be both public and private, carry out the registration of the inheritance. The heir must contact the notary, who is in the last place of registration of the deceased person. For example, if the owner of the land plot was registered in the city of Kiev, then it is necessary to contact the notary in the city of Kiev.

List of required documents for registration of the inheritance:

• death certificate - issued by departments of state registration of civil status acts of district, city and city-level departments of justice (DRACS);
• certificate of the last place of residence of the testator at the time of death;
• testament (if any);
• documents certifying the identity of the heir (passport, identification code);
• If the heir enters into the inheritance in accordance with the law, then documents for confirmation of family ties, such as birth certificate, or marriage certificate, are required;
• A title document for a land plot (for example, a State Act on Ownership);
• If the cadastral number of the land is not included in the State Property Act, extra extraction from the State Land Cadastre (to apply to the land division in the district) is additionally required.