Inheritance includes more than just assets: what challenges might heirs face?

When it comes to inheritance, many people envision jewels, real estate, or savings that are passed down to relatives or loved ones. However, inheritance involves not only the right to property but also the responsibility for certain obligations, including debts left behind by the deceased. While some assets are automatically transferred to heirs, others remain "non-transferable" due to their personal nature.

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Experts from the Kharkiv Human Rights Group have explained what does not fall under inheritance and what obligations may be inherited by heirs.

According to Ukrainian legislation, particularly Article 1219 of the Civil Code, the inheritance does not include rights and obligations that are inextricably linked to the personality of the deceased. This means there is a specific list of personal rights and obligations that cannot be transferred even to close relatives. Among them:

• Personal non-property rights – these are rights related to the personality of the deceased, such as copyright or the right to privacy.
• Social benefits - pensions, allowances, alimony, and other types of legislatively defined payments that the individual received or had the right to receive during their lifetime.
• Creditor or debtor rights – rights or obligations specifically designated for the deceased. For example, when a debtor was required to perform a certain task or provide a service that has an individual character.
• Compensation for harm caused – the right to compensation for harm inflicted on the health or life of the deceased cannot be inherited.
• Membership in public associations or societies – unless specifically provided for in the charter documents of such organizations.

  

These restrictions protect heirs from excessive liability and preserve the confidentiality and personal nature of certain rights and obligations.

However, this does not mean that the heir bears no responsibility at all. If the deceased had certain debts, these may also be "inherited" along with the property. However, debt obligations come with their own specifics: the heir is liable to creditors only to the extent of the value of the inherited property. This means that if the debts exceed the value of the inherited assets, the heir is not obligated to cover them with their own funds.

The obligations that may be passed on to heirs include:

• Civil law obligations – debts arising from contracts, such as loans or credit obligations.
• Obligation under a lease agreement with the right of redemption – if the deceased rented property with the right to buy, these expenses may be passed on to the heir.
• Expenses for maintenance, treatment, and burial - if there were expenses for the maintenance of health or burial of the deceased, they may be reimbursed from the inherited property.
• Fines or penalties – if fines were imposed by a court during the lifetime of the deceased, they also pass on to the heir.
• Compensations for material and moral damage – if the court ordered compensation, it also falls on the shoulders of the heir within the limits of the inherited property.

The heir must clearly understand that along with the property, they also inherit obligations, including those regarding creditors. In such situations, it is advisable to seek legal consultation to understand all the details and risks.

In some cases, heirs may refuse the inheritance if they believe that the debts significantly exceed the value of the property or if they do not wish to take on the responsibility. Refusing inheritance helps avoid debt obligations, but it also deprives them of the opportunity to claim any of the deceased's assets.

Heirs can formally refuse the inheritance through a notary, but such refusal must be submitted within the legally established time limits. Furthermore, if the debts exceed the value of the property, creditors can only claim what is included in the inheritance, not the personal assets of the heir.

Wages, pensions, scholarships, and other social benefits that belonged to the deceased and which they did not have the chance to receive during their lifetime may be transferred to their family members. If there are no heirs, these funds are included in the inherited property and passed on under general conditions.