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Is the wife responsible for the husband’s debt after his death?

Property community is an extremely popular solution in our country. Moreover, it is set automatically if future spouses do not enter an intercourse. In this way, to put it simply, we share our income, profits, but also debts and financial obligations. So if a wife loses her husband, in theory, she also inherits her husband’s obligations that he left behind. Is this element unchanging and always obligatory?


Long after her husband’s death

death loan

Polish banking law does not clearly specify obligations and obligations arising from payment of the borrower’s liability after death. The situation only responds to the Civil Code, which is regulated by e.g. a will. If the husband left no will we deal with the so-called statutory inheritance.

If there is a will, we have clear conditions of succession and obligations. Inheritance may be based on a will or by statute inheritance. Importantly, the will takes precedence over the statutory inheritance rules arising from the Civil Code (so it is “more important”). The will may contain property ordinances of only one person.


Debt inheritance?

Debt inheritance?

When a spouse dies, heirs will be charged with the obligations, debts and property. If the deceased did not leave a will, there will be statutory inheritance, which imposes heirs in a straight line. In the case of husband, we are talking about children and wife. However, it is worth knowing that we do not have to accept the inheritance.

Each heir may:

  • not accept an inheritance without limiting liability for debts
  • not accepting the inheritance with limited liability for debts – that is, for the debts of the deceased we are only responsible up to the amount of property left by him;
  • reject the inheritance – then we do not inherit neither the debt nor its assets


Who then has to pay back the debt?

Who then has to pay back the debt?

Whether the wife must pay the debt depends on the joint property and the nature of the commitment. So if the wife does not accept the inheritance, the crucial question remains: who must pay the deceased’s debt? Depending on the conditions on which the loan agreement was concluded, the further fate of such debt may be different.

If the deceased has not insured the loan, the outstanding amount enters the estate and is inherited. So I say simply: Those who receive the inheritance will pay it back.

If the deceased has insured his cash loan , the loan will not enter the estate. The loan will be repaid by the insurer from the purchased and selected policy. If the policy does not cover the entire obligation, the heirs will have to pay the remaining amount.

What if the loan was secured by a surety? The guarantor declares that he will repay the debt if the borrower cannot repay it. This also applies to death. In this case, the payer takes over the obligation to pay.


Terms of the will

money loan

To assume the inheritance of assets and liabilities, a will must meet several key points. Among them stands out min.

  • content must be written by a person capable of legal transactions
  • the will must be written independently, on behalf of the creator (you cannot create so-called joint wills).
  • the document must have a place, date and signature
  • the will should be drawn up with a notary public

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