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Remote registration of heritage in the occupied territory: preparation of a power of attorney at a Polish notary

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Fedorchenko Anna Volodymyrivna
Lawyer
Poland / Zeliona Gura
Fedorchenko Anna Volodymyrivna

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Publication date: 06.05.2025

Drafting of notarial documents, including: statements of inheritance acceptance or renunciation (can be prepared in one or two languages), as well as registration with a Polish notary. Preparation of notarial deeds for the sale or purchase of real estate in Ukraine.

Client Request: A female client contacted me regarding the re-registration of inheritance after the death of her mother. At the time of contact, the client was residing in Łódź, Poland, and the inherited property was located in a temporarily occupied territory controlled by the Russian Federation. The situation was complex both legally and emotionally, as the client was unable to personally travel to the occupied territory to resolve the matter. She needed a solution that was as safe and effective as possible to handle all formalities remotely.

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Main Challenges We Faced

  • Inherited Property in Occupied Territory
    The property was located in a territory effectively controlled by the Russian Federation. This imposed serious limitations on the client’s ability to act as a citizen of Ukraine, since the jurisdictions of the two states do not officially recognize each other.

     
  • Preparation of Documents According to Russian Law
    In order to process the inheritance in the occupied territory, the client’s power of attorney had to meet the requirements of the current legislation of the Russian Federation. A standard Ukrainian or Polish power of attorney would not be suitable in this case.

     
  • Notarial Certification in Poland
    Since the client was in Poland, it was important to find a legal solution that allowed the preparation of documents recognized by the Russian Federation and to certify them through a Polish notary.

     

Work Stages

 

✅ Initial Consultation and Situation Analysis
At the first stage, I conducted a detailed consultation with the client. We discussed the situation, identified problem areas, and clarified expectations. The main task was to prepare a power of attorney valid under Russian jurisdiction and arrange its notarization in Poland.

✅ Reviewing the Requirements
I analyzed the provisions of Russian civil law governing inheritance and powers of attorney. This allowed me to draft a document that:

  1. complied with the form required by Russian law;
  2. included all necessary powers (accepting the inheritance, obtaining certificates, representing the client’s interests in Russian authorities);
  3. would not raise doubts or be rejected by notaries or state authorities in the occupied territory.

✅ Arranging Notarial Certification in Poland
I contacted a Polish notary in Łódź, explaining the specifics of the case and the need to prepare a “notarial deed in the form of a power of attorney” (Akt notarialny w formie pełnomocnictwa). Thanks to clear communication, we quickly reached agreement on the document text and its preparation.

✅ Coordinating Actions
I continuously coordinated actions between the client and the notary, provided clarifications regarding the procedure, and prepared additional explanatory materials and translations when necessary. This helped avoid misunderstandings and significantly accelerated the process.

Result

The client received:

  • a document notarized in Poland, with the correct wording allowing its use in the occupied territory;
  • the ability to handle inheritance matters remotely, without leaving Poland.

What was particularly important was that the work was completed promptly — the client noted the speed, attention to detail, and ability to handle international nuances.

 

Conclusion

The successful completion of this case was made possible thanks to an in-depth analysis of the laws of different countries, clear planning, and effective coordination of all parties involved. Despite the complex political situation, we found a legal solution that fully met the client’s needs. Her interests were fully protected, and all actions were carried out quickly, competently, and within the framework of the law.

 

 

 

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