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Ukraine to apply new heritage and statute of limitations rules during martial law

Ukraine
02/02/2024
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On 30 January 2024, a new Law of Ukraine No. 3450-IX "On Amendments to the Civil Code of Ukraine to Improve the Procedure for Acceptance of Inheritance" came into effect, introducing significant changes related to the opening of inheritance and the calculation of the statute of limitations during the martial law.

The Law, adopted by the Ukrainian parliament on 8 November 2023, addresses the determination of the place of the opening of inheritance. Previously, place was based on the location of the first inheritance application filing, potentially leading to severe violations of the rights of heirs. In response, the Law now ties the place of opening of inheritance to the last residence of the testator. Exceptions include cases where the testator's residence is unknown or registered abroad.

This amendment aims to eliminate the risks associated with the previous procedure, particularly in light of the Law of Ukraine "On Compensation for Damage and Destruction of Certain Categories of Real Estate Objects." Dated 23 February 2023, this legislation introduced a new heritage-related procedure, emphasising compensation for damage caused by hostilities, terrorist acts, and sabotage resulting from the Russian invasion of Ukraine and the ongoing war. 

Additionally, the Law introduces new rules regarding the calculation of the statute of limitations during martial law. Unlike the previous changes that extended the respective terms, the newly introduced rules suspend the statute of limitations during the martial-law regime. This modification aligns the statute of limitation suspension with the general approach of the Civil Code of Ukraine, thus eliminating inconsistencies caused by the existing rules.

As stated above, these amendments took effect on 30 January 2024.

For more information on heritage and statute of limitation rules in Ukraine, reach out to your CMS advisor or our local CMS team: Oleksandr Protsiuk, Olga Shenk.

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