The notary started an inheritance file, but did not notify the heiress until two years later, and when she came to him, he refused to issue an inheritance certificate because the heiress had missed the deadline for accepting the inheritance. The heiress did not know that she was a testamentary heir.

Disputes over reinstatement of inheritance by judicial procedure arise frequently, says Petrol Chilikov Senior Associate Daryana Epikhina. The expert noted that the Supreme Court has many times stated that the reluctance of persons claiming for termination to maintain family relations with the testators or lack of interest to their destiny is not a valid reason for missing the deadline (case No 24-KG19-6). According to Epikhina, the case of Elagina is notable because she was not related to the testator and could not have known about the content of the will due to the secrecy of that will (Article 1123 of the Civil Code “Secrecy of the will”). 

“In this case it is clear that the claimant had no objective opportunity to accept the inheritance because of the inaction of the notary, who took no action for 2.5 years to establish the circle of heirs under the will,” says Epikhina.

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