Can the bank force a deceased creditor’s relative to pay a debt? Only if the close person is the first-in-line successor, the lawyers of Chuhuiv Office of the Network of Legal Development explain.
The local resident addressed the Office at Chuhuiv Human Rights Protection Group" with the following problem: the bank filed a lawsuit against him on debt collection under a loan agreement signed by his brother at one time.
Oleksandr Malyshko * told that his brother had died in February 2015. Although the man after the death of his native had filed a notarial declaration of acceptance of the inheritance, in fact he did not inherit anything - because the same statement was filed by the wife of the deceased. Since the wife belongs to the first line of inheritance, and Oleksandr as the brother - to the second, then he did not get the right to inheritance. That is why the responsibilities of the testator to other persons (in our case, the banking institution) did not pass to him.
On this basis, the lawyers of Chuhuiv Human Rights Protection Group requested the court to refuse to satisfy the claim. In addition, the bank initially in accordance with Art. 1282 of the Civil Code of Ukraine had to require the satisfaction of the obligation through a one-time payment (and only in the case of refusal the court according to the claim of the creditor imposes a charge on the property that was transferred to the heirs in kind). And this was not done.
That is why the court of first instance refused to satisfy the claims of the bank, and soon the appeal was dismissed.
*The name is changed for ethical reasons.
P.S. Offices of Legal Development Network are created and work with the financial support of Human Rights and Justice Program Initiative of International Renaissance Foundation. You can learn more about activity of Network, basics and principles of work on Legal Space website.
The opinion of the International Renaissance Foundation cannot coincide with the point of view of authors of publication.
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