Civil specialization

Actually accepted, but not executed in due order, inheritance can be included through the court in the mass of succession of the person who accepted the inheritance, after his or her death.

A grandmother, who had a ¼ share in the ownership of the apartment, wrote a will, whereby all of the assets, which at the date of death would belong to her, were left to her granddaughter. Other shares in the ownership of the apartment, in the amount of ¼, were owned by the grandfather, their daughter and her husband. All these people were registered in the apartment, but only the Grandmother, the Grandfather and the Granddaughter lived in it de-facto.

After the death of the Grandfather no one applied to a notary to accept the vacant inheritance. At the same time the Grandmother and the Granddaughter continued to reside in the apartment and carried all the costs of the apartment maintenance.

A while later the Grandmother died. The Daughter applied to a notary for issue of the certificate of inheritance, in connection with the opening of the inheritance after the death of the Grandfather. The application was motivated by the fact that, being registered in the same apartment with the testator, she actually accepted the inheritance.

To protect her interests and receive ½ share in the ownership of the apartment the Granddaughter addressed to “Solution” Law Office for legal assistance.

In court we proved that the inheritance, opened after the Grandfather’s death, was actually accepted by the Grandmother, and the Daughter did not carry out any action on the actual acceptance of the inheritance. Thus, ¼ share in the ownership of the apartment owned by the Grandfather, should be included in the inheritance left by the Grandmother to her Granddaughter, and in connection with this the Granddaughter is entitled to a ½ share in the ownership of the apartment.

Taking into account our position and the evidence we provided, the court delivered a judgment of  the acknowledgement of the Granddaughter’s right to inherit a ½ share in the ownership of the apartment.