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Case No. 444/1289/23 dated 19/02/2025

Subject of Dispute: Determination of an Additional Period for Inheritance Acceptance after Husband’s Death.

Main Arguments of the Court:

The Supreme Court considers that the prolonged illness of the plaintiff, associated with mental disorders that existed both before the expiration of the six-month period for inheritance acceptance and continued at the time of court appeal, is a valid reason for missing the deadline for submitting an inheritance acceptance application. The court paid special attention to medical evidence confirming the plaintiff’s inability to independently make decisions due to a severe mental condition.

Additionally, the court emphasized the importance of establishing the proper composition of defendants in the case and the necessity of involving the local self-government body, as the testamentary heirs have not actually accepted the inheritance.

Court Decision: To cancel the decisions of previous instances and refer the case for a new review to the court of first instance for a complete and comprehensive investigation of the case circumstances.

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