In this case, the plaintiff, within the six-month period prescribed by law, applied to the notary's office for acceptance of the inheritance, but they refused to accept the application due to an incorrect indication of the father's surname.

After addressing the archival institutions and the Ukrainian Bureau of Linguistic Expertise, the plaintiff received an expert opinion that the differences in her father's surname arose in the context of contact bilingualism. However, despite repeated calls to the notary's office, the respondents did not appear to have given them written consent for the application for the adoption of the inheritance

As a result, after a while the state notary made a decision to refuse to perform a notarial act in connection with the missing time for the adoption of the inheritance.

The court of first instance refused to satisfy the claim, noting that the unequal indication of the plaintiff's father's family name in official documents was not a significant and insuperable obstacle that prevented the plaintiff from seeking a notary's application for the adoption of the inheritance.

The Court of Appeal upheld the lawsuit, noting that the applicant had been denied the six-month time limit for filing the application for the adoption of the inheritance due to significant difficulties for the plaintiff, which consisted in establishing the identity of the names of the decedent and heir.

However, the Supreme Court agreed with the conclusion of the court of first instance. In its decision the SC referred to the frequent. 3 items 1272 CCU, according to which upon the claim of the successor who missed the time for acceptance of the inheritance for a valid reason, the court may determine for him an additional term sufficient for his submission of the application for the adoption of the inheritance. At the same time, the good reasons for missing the time for acceptance of the inheritance are the reasons which are connected with objective, irresistible, significant difficulties for the heir to commit these actions. Rules frequent 3 items 1272 of the Civil Code of Ukraine on the grant of an additional period for the application for acceptance of the inheritance may be applied if:

1) the heir had obstacles to the filing of such an application;

2) these circumstances are recognized by the court as venerable.

However, the SC has noted that the unequal indication of the plaintiff's father's family name in official documents is not a significant and insuperable obstacle that prevented a notary from applying for the adoption of the inheritance. Therefore, the court of first instance made the correct conclusion about refusal to satisfy the claim (the ruling of April 24, 2019 in the case № 303/7065/17).