The new draft law on debts and inheritance has caused considerable controversy as it proposes a ban on heirs disclaiming inheritance if there are outstanding debts. These innovations may introduce changes in legislation, clarifying the rules of inheritance and responsibility for debts that can be inherited. The purpose of this article is the analysis of innovations and opportunities to refuse the received debt inheritance.
Payment of an obligation on behalf of a deceased relative
In the explanatory note to the draft law, it is said that sometimes property received as an inheritance can be burdened with debt obligations. According to Article 1282 of the Civil Code of Ukraine, the heir is obliged to satisfy the demands of the creditor within the value of the property received.
The authors of the bill note that some heirs abuse their right to refuse inheritance in order to avoid collection of the deceased's debts. This creates problems for creditors who cannot get the funds they are owed. Therefore, it is proposed to legislate the possibility of refusing inheritance in case of debts.
Potential Inheritance Debt Obligations
The legislation of Ukraine provides that after the death of a person, his heirs inherit not only property, but also debts. This includes arrears on loans, alimony, utilities and judgments. The responsibility for repaying the debt falls on the heir only within the limits of the value of the inherited property he receives. Creditors' claims cannot exceed the value of the accepted property and are repaid only within its value. To calculate the value of the inherited property and the amount of the debt, it is necessary to contact a lawyer, who will indicate the price of the consultation.
Having accepted the inheritance together with the debt obligations, the heir is obliged to pay the debts and interest on them, if it is a bank loan. Moreover, you will have to pay not from the day of accepting the inheritance, but from the moment of its opening, that is, from the day of the testator's death. In case of non-fulfillment of these obligations, the heir may be charged interest, which is payable.
Actions after acceptance of inheritance
If you have accepted an inheritance that contains debts owed by the deceased, you will have to pay those debts.
First of all, it is necessary to block the bank cards of the deceased relative and provide a death certificate, which can be an original or a notarized copy. In this case, interest on the loan will not be accrued, and you, as the heir, will have to pay only the principal amount of the loan.
The role of lawyers in cases of acceptance of inheritance with debt
Lawyers play a key role in probate cases by providing legal advice and support to heirs, analyzing the deceased's debt obligations, negotiating with creditors to agree on debt settlement terms, and helping to avoid legal disputes. errors and financial losses.
Requesting legal assistance in such cases can be a critical strategy, as legal services help to eliminate the risks of inappropriate decisions and ensure that the legal interests of the heir are preserved. The cost of legal assistance and consultations usually depends on the complexity of the case and the amount of legal services required.
The Inheritance Bill, which proposes to abolish the right of heirs to refuse inheritances with debts, has both positive and negative sides. On the one hand, it protects the rights of creditors, guaranteeing them the receipt of appropriate funds. On the other hand, it can result in heirs inheriting more debt than they can pay off. Only the consultation of experienced lawyers can ensure the correct resolution of the inheritance case with debt. Litigation, types of legal services, lawyer consultation, lawyer services online, lawyer consultation, lawyer consultation, legal services.
