The Supreme Court of Lithuania, in its ruling of October 30, 2023, in civil case No. e3K-3-275-378/2023, reminded of a very important rule of inheritance law – inheritance does not pass to the heir automatically.
To inherit, one must timely and clearly express the will to accept the inheritance.
In this case, the plaintiff requested to renew the missed deadline for accepting the inheritance after his uncle’s death.
After his uncle’s death, two apartments remained. Since no one accepted the inheritance within the set deadline, the property passed to the state.
The plaintiff claimed to have learned about his uncle’s death only several years later, therefore he asked the court to renew the deadline and annul the certificate of inheritance issued to the state.
“At first glance, the situation might seem humanly understandable:
- the person did not know about the death;
- did not attend the funeral;
- had not communicated with the uncle for a long time;
- the relationship had broken off.
However, the legal assessment in this case was stricter,” noted R. Joskaudienė.
According to Article 5.50 of the Civil Code, inheritance must be accepted within 3 months from the day the inheritance arises, i.e., from the death of the testator.
Inheritance can be accepted by applying to a notary; by applying for the preparation of an inventory of property; by actually starting to manage the inherited property.
The Supreme Court of Lithuania emphasized several very important points.
1. Being an heir alone is not enough
“The mere fact that a person is an heir by law does not mean that they automatically acquire the inheritance.
The right of inheritance must be exercised through active actions,” emphasized R. Joskaudienė.
2. Ignorance of death does not yet guarantee the renewal of the deadline
The court stated that ignorance of the testator’s death is not in itself a sufficient reason to renew the deadline.
In each case, it is necessary to assess whether there were objective circumstances; whether they were beyond the heir’s will; whether they genuinely prevented learning about the death; whether they prevented the timely acceptance of the inheritance.
3. Non-communication with a relative is not an obstacle to inheritance
The SC clearly stated that the law does not require constant communication with a relative, visiting them, or caring for their health before the testator’s death.
The right of inheritance by law is based on kinship; not on the warmth of relationships or the frequency of communication.
Read more Rings presented to LKL champions
“Therefore, mere non-communication with the testator cannot be an independent ground for not renewing the deadline.
However, another circumstance was decisive in this case – the extremely long delay in missing the deadline,” explained R. Joskaudienė.
The testator died in 2017. The certificate of inheritance was issued to the state in 2020. The plaintiff applied to the court only in 2022.
The court found that such a long period of time cannot be ignored, as legal clarity and stability are essential in inheritance relations.
Final result:
- The deadline for accepting the inheritance was not renewed.
- The certificate of inheritance for the state remained valid.
- The cassation appeal was dismissed.
What does this case mean in practice?
“If you have close relatives or family members after whose death you could be an heir, it is important to understand:
The right of inheritance is not only a right but also a duty to act in a timely manner,” the lawyer reminded.
Even if you have not communicated with the person for a long time; live abroad; did not know about their property; this, according to her, does not in itself guarantee that the court will renew the missed deadline.
“Living abroad is also generally not considered a sufficient reason for renewing the deadline.
Inheritance can be accepted through a representative; through consular institutions; by using notary services; and by other means provided for in legal acts,” said R. Joskaudienė.
Therefore, according to her, upon learning of a loved one’s death, there is no need to wait.
“Immediately contact a notary or a lawyer. Find out if you have the right to inherit. Check the deadlines. Take action as soon as possible,” she urged.
This case, according to R. Joskaudienė, once again reminds us that in inheritance disputes, it is often not the one who “morally had the right to inherit” who wins, but the one who exercised their rights in a timely and proper form.
“In inheritance, time is not a formality. Sometimes 3 months determine everything,” she reminded.
Read more Kosovo – third parliamentary elections in the last year and a half
