- For example, when dealing with the foreign estate matters where this could be vividly manifested?
- First of all in investigation of such matters, we never refuse to investigate any estate matter even if it seems to be a blind-alley one. We never charge a client in the event of ill success understanding that in our hard economic situation the greater part of our clients have no money even to live. More over, while dealing with workable estate matters we used to practice on the contingency fee, in other words this is the fee which we charge after successful realization of the matter. Our fee depends upon the complexity of the matter and is established in each individual case as parties agree. As a rule, it does not exceed 10% of the net estate amount due to a Ukrainian beneficiary, i.e. the amount cleared from the foreign inheritance tax and any other disbursements in the country where the estate has been opened.
All our investigations and documentation of matters are transparent to the clients. If in the process of investigation the matter turns to be unreal we do explain in detail why it is so and in witness thereof provide a client with a copy of the letter of our foreign partner with a certified Ukrainian translation. If the matter is real we inform the client immediately on the approximate value of the estate, documents to be provided, circle of potential claimants, a complexity of the matter, if any, likely terms of legal implementation and realization of the matter, providing the client with an appropriate agreement to sign. We inform clients on update status of a matter without reminder on their part, provide them with copies of documents and upon finalization of a matter submit a detailed financial report of the foreign lawyer and ourselves.
We always try to seek for an optimal legal position, to apply for and draw necessary documents be forwarded abroad without delay, to minimize the terms of realization of a matter. We accept utterly bad cases of the following categories:
the late estate matters where the deceased died long ago and the term of claim for the estate is still outstanding. By the way, recently in the state of California we have managed to win a so called "escheat" case, where the duly unclaimed estate has been already paid the State, otherwise to the US treasury;
the matters of late claim against foreign banks in the event of availability of more or less true information. Of course, we do not refer to the well known estate of the Hetman Pavlo Polubotko;
estate matters where there is a Will executed not in favor of Ukrainian relatives. Here we act by contesting the Will in a foreign court. Of course, we do this in the event there is enough documentary and other proof of the will being falsified or any unlawful influence on the deceased prior or in time of execution of the will (deceit, threat, violence, etc.) Or, if we take for example England, by referring in the English court to the Inheritance Act of 1975, which makes it possible for family members or dependants of a testator not mentioned in his Will to be entitled to some amounts from his estate, provided they possess documents or other proof of a regular substantial material support during the last year of his life;
a conflict of interests of heirs, in particular, in the event of distribution of the estate, where we could assist to find a compromise or revise the matter in the foreign court, in case the matter is not realized or realized in part.
The legal secret we keep while dealing with an estate matter and afterwards with no time limit.
We provide for the reliable legal escort of clients in these matters from the moment of initiation till the payment of estate assets in Ukraine, or if the necessity arises, even afterwards by rendering consultative services in banking issues.
- In what countries do you investigate estate matters and how much information do you need from the clients?
- Almost in all countries, where live persons of Ukrainian origin. In particular: USA, Canada, Great Britain, France, Germany, Australia. There, as a rule, we act through our business partners, if none, we try to act through our diplomatic and consular institutions. For example, the most wide and reliable network of business ties is in Canada, where we have the most fruitful cooperation with the law firm "Williams & Price". However, we are also very active in CIS. Here we have bilateral long-term cooperation agreements with bar associations of Russia, Belarus, Baltic countries.
We have great possibilities of investigating estate matters. And in order to initiate them we need to know not very much: full name of the deceased, it is desirable in the language of the country he/she died in, date of death and last address of the deceased. It could speed up investigation if we are provided with information on a person or organization that informed the clients about the death of the deceased.
- Does your association face any problems in Ukraine with regard to obtaining, execution and legalization of documents to have legal force abroad?
- There are no serious problems in this respect. We have established good business relations with respective state authorities (notary offices, archives of vital statistics, etc.) We are pleased to tell about accurate and operative work of passport offices of the Ministry of Internal Affairs of Ukraine providing us with relevant information about persons we search, appropriate departments of the Ministry of Justice of Ukraine and the Ministry of Foreign Affairs of Ukraine, consular departments of foreign diplomatic representations in Ukraine concerning legalization of documents. The acceding in January of this year of Ukraine to the Hague Convention of 1961, which cancels the requirement to legalize official foreign documents and establishes a universal procedure for certification of signatures and seals thereon, i.e. Apostille, would considerably simplify and accelerate the process of documentation in particular of foreign estate matters.
