THE SUPREME COURT SUPPORTED THE RELATIVES OF THE DECEASED DEBTOR

The number of inheritances of property encumbered with debt obligations is growing every year, as evidenced by judicial statistics. Therefore, according to experts, accepting an inheritance can be a headache for those who inherit property by law or specified in the will of the deceased. However, there are also cases when the creditor is trying to collect debts from relatives, none of whom officially recognized as heirs, and the obligations themselves are insured. One of such cases the Supreme Court of the Russian Federation had to investigate recently.

According to Rossiyskaya Gazeta, the trial was initiated in connection with the death of an elderly resident of Voronezh, who took out several consumer loans in the amount of 79 thousand rubles from one of the commercial banks. The woman had to pay the bank interest on the loan in the amount of 22% annually, having an additional insurance contract in case of illness or death.

A few months later, she died unexpectedly. The insurance company was informed of the death of the deceased by her two adult daughters. The insurance company told the relatives that for payments on the "insured event" 139 thousand rubles, a statement from the creditor bank was required, which was indicated in the contract by the beneficiary.

The bank itself did not apply to the insurance company, having transferred the obligations on loans of the deceased citizen to the local collectors.

The collectors, who applied to the court, mistakenly believing that the daughters became heirs and had to pay their mother's debts, lost the case. The primary instance indicated that the bank was eligible for insurance and dismissed the claim. However, the appeal of the debt recovery firm radically changed the nature of the process. The Voronezh Regional Court recovered 90,299 rubles of debt from the "heiresses". The decision made was that the daughters of the deceased had actually accepted the inheritance, since they lived in the same building with their mother, did not declare their waiver of the inheritance at the notary and reported the death of their mother to the insurance company.

The Supreme Court, where the borrower's daughters had to complain to, explained to the representatives of the Voronezh Regional Court that they were wrong. It was necessary, at least, to study the issue more carefully. First of all, to find real evidence of the actual acceptance of the inheritance, since life in different apartments of the same building with mother cannot be considered such evidence. Secondly, to study insurance contracts, from which it was clear that the payment was to the bank, but not to the "heirs" of the deceased.

Lawyers point out that life insurance services are just a good way to remove the debt burden from the heirs.

In this case, the bank will not be entitled to demand payment of the debt from the heirs. The heirs only need to provide the bank and the insurance organization with the relevant information about the death of the testator. Another situation arises when the loan is not insured and the debts are completely borne by the heirs, and the bank is in no hurry to collect them, transferring the obligations to the collectors after a while. By that time, there might be a significant interest, and the heirs will have to pay. In this case, it is easier to renounce succession as heir, if the inheritance was actually accepted, evaluating all the pros and cons.