Establishing the Fact of Maintenance by the Deceased in Ukraine: What You Need to Know

What is the establishment of maintenance in Ukraine?

The establishment of maintenance is a procedure that confirms that a person received regular financial assistance from another person, which was the main or significant source of their livelihood.

Why is it necessary to establish the fact of maintenance in Ukraine?

Most often, this is necessary for the purpose of assigning a pension in connection with the loss of a provider, registering an inheritance, or compensating for damages resulting from the loss of a provider. It is also relevant for receiving social benefits such as one-time financial assistance. For instance, the law provides for the right to one-time financial assistance for persons who were dependents of a deceased military servicemember.

Where should you go to establish the fact of maintenance?

To establish this fact, you can apply to a civil court. Such cases are subject to special proceedings. This means that you are not filing a lawsuit, but rather an application to establish a fact that has legal significance.

Your application should clearly state what fact you are requesting to be established and for what purpose, i.e. what legal consequences you want to achieve. For instance, to inherit or receive a one-time cash benefit.

What evidence of maintenance is required?

The most important part of the process is gathering evidence. You must convincingly prove to the court that you were indeed dependent on maintenance.

The following may serve as evidence:

• Documents confirming family relations 

• Documents confirming the absence of your own income 

• Witness statements - these can be neighbours, relatives, acquaintances who can confirm that the provider systematically provided you with financial assistance, bought necessary items, paid bills

• Proof of money transfers - this could be a bank statement showing regular transfers, utility or rent payment agreements, receipts for food, medicine, or clothes

• Certificate of education - certifies that you are a student and were unable to fully support yourself financially due to the need to devote most of your time to your studies.

• Medical documents (to confirm incapacity for work, if applicable).

  
  

It is important to understand that the court evaluates all the evidence as a whole. Therefore, the more evidence you have, the better, but even if you do not have some of the evidence listed above, it does not mean that the case cannot be won. For example, the absence of a certificate of income can be compensated for by convincing testimony from several witnesses, bank transfers and other documents that together form a complete picture. The main thing is that the evidence confirms the regularity of the assistance and that it was your main source of livelihood.

Court fee for filing an application to establish the fact of maintenance

When filing an application, you must pay a court fee.

Some categories of citizens are exempt from paying court fees. In particular, family members of deceased Defenders of Ukraine are entitled to such a privilege in accordance with Article 22 of the Law of Ukraine “On the Status of War Veterans and Guarantees of Their Social Protection”. If you belong to a privileged category, be sure to attach documents confirming your right to exemption from payment of the fee to your application.

If you need to establish the fact of being dependent, contact us right now via CHAT or by phone, and the lawyers of our legal centre will provide you with qualified assistance!