Publication date: 03.04.2025
My name is Julia Viktorovna Harzhevskaya. I am a lawyer based in Szczecin, Poland. The key areas of law I practice are administrative law (CAPU), civil law and family law. Successful cases and real-life practice, transparency in matters of risks and chances, set me apart from other professionals.
Cases on the Establishment of Legal Facts, Including Establishing the Fact of Death in Temporarily Uncontrolled Territory of Ukraine
In this case, the client requested to establish the fact of death of their mother, who lived in the temporarily uncontrolled territory of Ukraine. This matter had a direct impact on the client's rights regarding inheritance. Legal assistance included drafting the lawsuit, collecting and preparing the necessary documents, and representing the client's interests in court.
The establishment of legal facts is an important aspect of legal processes, as a court decision can open other cases related to inheritance rights or property ownership. Since the area where the death occurred is not under Ukraine's control, this complicated the process of confirming the fact of death and required additional legal measures.
The process of establishing the fact of death involves several stages: gathering evidence, filing a claim in court, attending court hearings, and receiving a decision. In this case, the client provided the necessary documents proving family ties and previous information about the mother's death. Thanks to the coordinated work of the lawyers, it was possible to successfully establish the fact of death in court.
Case Details
- Application Date: 2023.
- Plaintiff: Person 1, daughter of the deceased.
- Place of Death: Temporarily uncontrolled territory of Ukraine.
- Documents: Birth certificate, proof of the mother's residence, medical records confirming death.
Result
- Date of Court Decision: 27.09.2023.
- Decision: The claim was satisfied, and the fact of death was established.
- Consequences: The opportunity to inherit the mother's property was opened.
Questions and Answers
Question
What documents are needed to file a claim to establish the fact of death?
Answer
Documents that prove the applicant's identity and family relationship with the deceased, as well as medical records or certificates confirming the fact of death, are required.
Question
Can the fact of death be established if the territory is not under Ukraine's control?
Answer
Yes, the fact of death can be established, but the process is complicated due to the lack of documents and the inability to obtain information from official sources. In such cases, additional evidence and witnesses are needed.
Question
How long does it take to establish the fact of death in court?
Answer
Usually, the process can take from one to several months, depending on the complexity of the case and the availability of evidence. If additional evidence or testimony is required, the process may take longer.
Why should you contact a lawyer?
- Professional Help: Assistance in gathering documents, filing a claim, and representing you in court.
- Legal Consultation: Advice on legal actions and the status of inheritance.
- Protection of Interests: Ensuring a fair decision and protecting property rights.
Legal Support: Supporting the client at all stages of the process.
Family Support: Assisting in resolving legal issues after the loss of a loved one.
Document Preparation: Preparing all necessary documents for court.
The case of establishing the fact of death was successfully resolved in favor of the client. Thanks to professional support, legal grounds for further inheritance actions were secured.
