Deputies proposed protecting the inheritance of orphans from creditors

“Many refuse inheritance due to the transfer of not only property, but also debts”

State Duma deputies proposed replacing a number of provisions of the Civil Code regarding the rules for the transfer of debt obligations when accepting an inheritance.

According to para. 2 parts 1 tbsp. 1175 of the Civil Code of the Russian Federation “Each of the heirs is liable for the debts of the testator within the limits of the value of the inherited property transferred to him,” which means the legality of the presentation of claims to the heirs by the testator’s creditors.

In practice, it turns out that heirs, regardless of age and social status, when entering into inheritance rights, inherit debts along with property. Therefore, deputies of the LDPR faction identified a separate category of citizens, namely minor children left without parents who inherit the only housing. In this case, they are freed from the need to bear responsibility for any debts or other encumbrances. Even if the apartment was purchased with a mortgage that has not been paid, the heir, being an orphan, inheriting this only housing, will not be liable for debts for this property.

The Federal Law on amendments to Article 1175 of Part Three of the Civil Code of the Russian Federation is expressed in one amendment. “The heirs who accepted the inheritance are jointly and severally liable for the debts of the testator (Article 323), with the exception of minor children who became orphans after the death of the testator, in terms of their inheritance of property, which is the only residential premises.”

– Many Russians, when accepting an inheritance, do not know in advance about the responsibility for the debts of the testator. Having satisfied the demands of creditors, the minor heir with the status of “orphan” is actually left without property, including his only home, – Yaroslav Nilov, Chairman of the State Duma Committee on Social Policy, comments on his initiative to MK. – The law was written in order to protect this category of citizens and ensure full compliance with the constitutional rights of citizens of the Russian Federation. When it is established that the heir is an orphan and the inherited property is the only home, an exclusive rule of law applies to him.

We already have a precedent. In the event of the death of mobilized citizens, all their mortgages and other obligations are canceled by terminating the contract. Their heirs do not bear any joint and several liability for obligations that were undertaken by a participant in the SVO in the past. But in this case we are talking about protecting the rights of orphans, which is relevant in the year of the family and absolutely fits into the general concept of state family policy.

– In this case, to whom will the financial obligations to repay the loans be shifted?

– For banks, insurance companies, microfinance organizations and individuals. Any joint and several liability that may arise in accordance with civil law excludes cases when we are talking about inherited property as the only home purchased on credit. If an orphan child remains to live in the apartment, then the inheritance goes to him regardless of any credit obligation from the parents of this child.

The initiators of the bill noted that they prepared the amendment together with experts from the State Duma Social Committee, who have experience in human rights activities and on issues related to tax and inheritance law.

“The bill proposes to amend Article 1175 of the Code, according to which minor children who become orphans after the death of the testator are not liable for the debts of the testator, but only in terms of their inheritance of property, which is the only residential premises,” follows from the explanatory note to the bill.