The problematic aspects of inheritance under martial law and possible ways of resolving them

The study is devoted to identifying certain problematic aspects of inheritance under martial law and outlining possible ways to resolve them. It is noted that martial law imposed on the territory of Ukraine has had significant consequences for all branches of law, including inheritance law. Changes in the inheritance legislation under martial law have affected the legal status of both heirs and testators, changing approaches to the acquisition of rights and obligations in inheritance relations. Significant problems arise due to difficulties in accessing notarial services, loss of inheritance documents, destroyed inheritance property, determining the place of opening the inheritance and meeting the deadlines for its acceptance. In these circumstances, there is a need to revise and adapt the legal framework to protect the rights of heirs and testators in a state of emergency. First of all, this concerns the determination of the term of inheritance acceptance, which remains one of the most important aspects regulating the process of transferring inheritance rights. The article concludes that one of the key problems in determining the time limit for inheritance is the discrepancy between temporary regulations and the long-term legislative framework, and notes that an increase in the time limit to ten months may be justified in martial law or other emergency circumstances, but in peacetime, six months is sufficient for inheritance. The study also argues for the need to amend Article 1221 of the Civil Code to determine the place of inheritance opening, which will create a more effective mechanism for protecting the rights of internally displaced persons. The author also concludes that it is necessary to develop remote technologies, in particular, the possibility of using digital signatures, video identification and other means of remote confirmation of the identity of a participant in inheritance relations. The author concludes that in order to solve these problems, it is necessary to continue improving legislation, in particular by eliminating contradictions in the rules on the term of inheritance and determining the place of its opening, as well as by introducing digital technologies for remote inheritance and simplifying procedures for obtaining inheritance rights.

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Publication Details

Journal
Analytical and Comparative Jurisprudence
Published
2025-06-24
DOI
https://doi.org/10.24144/2788-6018.2025.03.1.53
Primary Topic
Regional Socio-Economic Development Trends
Type
article
Field-Weighted Citation Impact
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article

The problematic aspects of inheritance under martial law and possible ways of resolving them

Maryna Yunina, I. O. Buyakova
Analytical and Comparative Jurisprudence
Regional Socio-Economic Development Trends
article

The problematic aspects of inheritance under martial law and possible ways of resolving them

Maryna Yunina, I. O. Buyakova
article en

Abstract

The study is devoted to identifying certain problematic aspects of inheritance under martial law and outlining possible ways to resolve them. It is noted that martial law imposed on the territory of Ukraine has had significant consequences for all branches of law, including inheritance law. Changes in the inheritance legislation under martial law have affected the legal status of both heirs and testators, changing approaches to the acquisition of rights and obligations in inheritance relations. Significant problems arise due to difficulties in accessing notarial services, loss of inheritance documents, destroyed inheritance property, determining the place of opening the inheritance and meeting the deadlines for its acceptance. In these circumstances, there is a need to revise and adapt the legal framework to protect the rights of heirs and testators in a state of emergency. First of all, this concerns the determination of the term of inheritance acceptance, which remains one of the most important aspects regulating the process of transferring inheritance rights. The article concludes that one of the key problems in determining the time limit for inheritance is the discrepancy between temporary regulations and the long-term legislative framework, and notes that an increase in the time limit to ten months may be justified in martial law or other emergency circumstances, but in peacetime, six months is sufficient for inheritance. The study also argues for the need to amend Article 1221 of the Civil Code to determine the place of inheritance opening, which will create a more effective mechanism for protecting the rights of internally displaced persons. The author also concludes that it is necessary to develop remote technologies, in particular, the possibility of using digital signatures, video identification and other means of remote confirmation of the identity of a participant in inheritance relations. The author concludes that in order to solve these problems, it is necessary to continue improving legislation, in particular by eliminating contradictions in the rules on the term of inheritance and determining the place of its opening, as well as by introducing digital technologies for remote inheritance and simplifying procedures for obtaining inheritance rights.

Analytical and Comparative JurisprudenceVol. 1(3)
Weatherford College (US), Al-Azhar University (ID)
Openalex Percentile: Top 70%
Regional Socio-Economic Development Trends
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