The heir is responsible for the testator's loan, even in the absence of a certificate of inheritance

The cassation court of the Civil Court has pointed out that the absence of a certificate of the right to inherit does not deprive a person of the right to inheritance, but only restricts him to the right to dispose of it.


Such a conclusion is made in the resolution of 28.02.2018 of the Supreme Court in the case number 441/1647/15-ts.

According to the circumstances of the case, the person took a mortgage loan in the bank, but soon died. The bank appealed to the court for the enforcement of the mortgage, but the court refused. The court indicated that the obligations of the person under the mortgage agreement were terminated in connection with the death of the debtor (established by the preliminary court decision).

This decision was also agreed by the court of appeal, adding that there were no official heirs of such a debt, since the certificate of the right to inheritance was not issued at that time.

The Supreme Court canceled all these decisions for the following reasons.

By part. 1 item 608 of the Civil Code of Ukraine, the obligation ceases together with the death of the debtor, if it is inextricably linked with his person and, therefore, can not be carried out by another person.

At the same time, the provisions of item 1218, 1219 of the Civil Code of Ukraine indicate that the debtor's obligation under a loan agreement is not inextricably linked with the person of the debtor.

The item 1218 of the Civil Code of Ukraine states that the inheritance includes all rights and obligations belonging to the testator that are not ceased due to his death.

At the same time, it should be noted that the heirs must fully satisfy the creditor's claims, however, within the value of the property inherited (by part 1 item 1282 of the Civil Code of Ukraine).

The courts of the first and appellate instances, noting that the heirs of the debt are absent, did not take into account the fact that the deceased debtor and defendant lived at the same address (according to the passports of these persons). In addition, there were no declarations of rejection of inheritance.

We remind that, for frequent 3 item 1268 of the Civil Code of Ukraine, the heir who has been permanently residing with the testator at the time of the opening of the inheritance, is deemed to have accepted the inheritance if, during the stipulated term, he has not applied for refusal from it.

Thus, the person is considered to have accepted the inheritance, including the debt obligations of the deceased.