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Establishing the fact of kinship and recognition of the right to inherit in court

18.01.2022
Вартанян Манук Овсепович
Lawyer:
VARTANYAN MANUK
Руководитель отдела по работе с физическими лицами
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Plot of the case: After his cousin's death, the Client applied to the notary for acceptance of his inheritance (flat in St. Petersburg) within the prescribed period of time. Two heirs applied to the notary for acceptance of inheritance. However, the notary refused to issue an inheritance certificate because the Client and the other heir lacked documents proving their relationship to the testator. Subsequently, the Client received a claim for recognition of the inheritance as escheat. The Client turned to the Dvitex law firm with a request to protect his inheritance rights.

Decision: Specialists of the Dvitex law firm analyzed the circumstances of the case and available documents and concluded that it was necessary to establish the fact of kinship and acceptance of inheritance in court. The lawyer has collected evidence, systematized judicial practice on similar disputes, formed the position of the inheritance case, and presented to the court the counterclaim claim to establish the fact of affiliation and acceptance of inheritance, as well as to recognize the Client's ownership share in the flat.

The case was heard in 6 court sessions. In the course of the proceedings, on the basis of motions filed by Dvitex’s lawyer, proof of kinship was requested: extracts from the metric book of the church for 1914, personal records extracts, autobiographies from the Central Archive of the Russian Ministry of Defence, extracts from the household book on the family composition, extracts from the archive fund of the Leningrad Soviet of Workers, Peasants and Red Army from the 1930s to 1950s and others. Additionally, photographs, correspondence between the Client and the testator, and other relatives were collected and presented to the court, and witnesses were interviewed.

The difficulty in establishing the relationship between the Client and the testator lay not only in the age and incompleteness of the available evidence, but also in the presence of various information about the maiden name of the testator's mother in the archive documents. Therefore, the lawyer did a lot of research in the archives to establish the relationship between the persons mentioned differently in the documents in order to prove the fact of kinship.

Besides, the lawyer collected and presented the evidence of inheritance within the specified period (more than 8 years had passed from the date of the Client's first application to the notary until the date of court dispute with the Administration!)

The long and painstaking work of the lawyer to collect evidence and protect the Client's interests resulted in the court ruling in favor of the Client: the arguments of Dvitex’s lawyer were upheld by the court in full. The court established that the Client and the testator were related and accepted the inheritance, recognized the Client's share in the ownership right to the flat, and rejected the claim of the Administration to recognize the property as escheat.

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