Can the inheritance be encumbered by obligations or debts of the heir...?

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...which are transferred together with the property?

18.07.2023 10:07 439

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Photo of lorina200215 Lorina Fedan

The legislation of Ukraine stipulates that after the death of a person, the heirs share not only the property, but also the debts of the deceased, including credit, alimony, utility payments, court-ordered debts, etc. The inheritance includes all the property of the deceased that belonged to him on the day of his death: it can be movable, immovable property, cash, deposits, as well as debt obligations.

It is not the property of the testator that passes to the heir, but the rights and obligations that have not ceased at the time of the opening of the inheritance. The only exception is obligations of a personal nature. According to Article 608 of the Civil Code of Ukraine, the obligation is terminated by the death of the debtor, if it is inextricably linked to his person and, in this connection, cannot be fulfilled by another person.

18.07.2023 10:18

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