The Cabinet of Ministers updated the rules of the Inheritance Registry

What exactly is changing in the Inheritance Register

• The Inheritance Register is becoming a central electronic database of inheritance rights, rather than just an auxiliary tool for notaries.
• A detailed procedure is being introduced for registering wills, inheritance agreements, certificates, their duplicates, applications for changing/canceling a will, and all inheritance cases.
• A list of registrars (state and private notaries, certain officials) and sources of information for making entries is being established.
• Uniform rules for the formation of extracts and certificates, as well as requirements for their form and content, are established.
• The circle of persons and bodies that can obtain information from the Register and the grounds for access are clearly defined.
• A separate procedure for correcting errors in records is provided to minimize the risks of legal uncertainty.

Integration with e-notary services and digitization of inheritance

The inheritance register is effectively becoming part of the Unified State Electronic System of e-Notary Services, which is gradually transferring notarial actions to digital format. The Ministry has been tasked with developing and implementing software, providing regulatory, methodological, and informational support for the functioning of the Register, and transferring existing data to the new database while preserving its integrity and notarial secrecy. This means that notarial and inheritance procedures will rely more on unified electronic data rather than local archives.

The resolution provides for a phased expansion of the functionality of the Inheritance Register. Once the e-notary system is technically ready, information about creditors’ claims and demands regarding inherited or joint property will be entered into the Register, and scanned copies of such documents will be uploaded. Electronic notification of rights holders about requests from other persons for information about them in the Inheritance Register will also be introduced, which will create an additional level of control and transparency.

Personal data protection and information security

The new procedure pays particular attention to the protection of personal data and information security. The processing of information in the Inheritance Register must be carried out in accordance with the legislation on the protection of personal data and the requirements for the protection of information in information and communication systems. Access by officials of the Ministry and its territorial bodies to the information in the Register is regulated, which should prevent the uncontrolled use of information.

Additional guarantees related to the preservation of notarial secrecy during data transfer and processing. It is envisaged that all operations with information will be recorded in the system, which will allow auditing user actions and detecting abuse. In the context of martial law and cyber risks, this is crucial for citizens’ trust in electronic registers.

Implications for notaries

For notaries, the new procedure simultaneously adds responsibilities and simplifies daily work: it increases the volume of data and responsibility for its accuracy, but the unified electronic system reduces the risk of duplication of inheritance cases, speeds up the verification and processing of requests, while clearer procedures, compliance and cybersecurity requirements, and control of access to the Register increase the legal risks of violations and require organizational and technical adaptation of notary offices.

Consequences for heirs and creditors

• Reference to the guarantee of protection of inheritance rights and transparency of the procedure.
• Uniform rules for data entry reduce the risk of “lost” or untimely registered wills and manipulation of key documents relating to a single property.
• Registration of creditors’ claims in the Inheritance Register facilitates the regulation of debt claims to inherited or joint property.
• Electronic notification of rights holders about requests from other persons allows them to respond promptly to suspicious actions and, if necessary, to apply to the court or law enforcement agencies.
• Heirs maintain quick access to information about open inheritance cases and issued certificates, which is especially important in the context of the displacement of people during the war.
• Increased transparency and traceability of transactions in the Inheritance Register will help reduce conflicts over inheritance disputes and the number of court proceedings.

Why legal support is essential

Due to its “technical” nature, the new procedure for the operation of the Inheritance Register varies depending on its impact on the formalization of inheritance and the protection of the rights of interested parties, and errors in documents or records can lead to the loss of assets and protracted disputes. Therefore, engaging a lawyer who is familiar with electronic notary services and the Registry mechanism will help you plan your inheritance decisions correctly, enter all data correctly, and record creditors’ claims.

If you have any questions or problems related to the functioning of the Inheritance Register, inheritance planning, or appealing notarial actions that have already been performed, seeking qualified legal assistance will be your best protection.

Author – Author – Svitlana Krutorogova, lawyer at the WINNER Law Firm.