ARE DEBTS INHERITED

When deciding on inheritance, it should always be remembered that upon accepting an inheritance, the heir not only acquires rights but may also bear corresponding obligations for the debts of the deceased.

According to paragraph 1 of Article 1033 of the Civil Code of the Republic of Belarus, the inheritance includes all rights and obligations that belonged to the deceased at the time of the opening of the inheritance, the existence of which is not terminated by their death.

The following rights and obligations, inextricably linked to the personality of the deceased, are not included in the inheritance:

1) membership rights (participation) in commercial and other organizations that are legal entities, unless otherwise established by law or constituent documents;

2) the right to compensation for harm caused to life or health;

3) rights and obligations regarding alimony;

4) rights to pensions, benefits, and other payments based on labor and social security legislation;

5) personal non-property rights not related to property.

At the same time, the inherited property passes to other persons in its unchanged form as a whole (paragraph 1 of Article 1031, paragraph 1 of Article 1033 of the Civil Code of the Republic of Belarus). Therefore, it is impossible to inherit only rights and refuse obligations (for example, one cannot inherit an apartment and refuse to pay off a loan).

Pursuant to Article 1086 of the Civil Code of the Republic of Belarus, each of the heirs who have accepted the inheritance is liable for the debts of the deceased within the value of the inherited property that has passed to them. The value of the inherited property is determined as of the date of the opening of the inheritance. (For example, if an inherited car is valued at ten thousand Belarusian rubles, then the debts of the deceased must be paid in an amount equivalent to the value of the car).

At the same time, accepting an inheritance is a right, not an obligation. The law provides for the possibility of renouncing an inheritance (Article 1071, Article 1074 of the Civil Code of the Republic of Belarus). However, a subsequent renunciation of an inheritance cannot be changed or revoked.