Ukrainian citizens may be prohibited from disclaiming inheritance if the deceased had debts to creditors. This is stipulated by draft law No. 11220, which was submitted to the Verkhovna Rada by People's Deputy Oleksandr Lukashev from the Restoration of Ukraine party. According to this draft law, it will be possible to give up inherited property only after paying all debts within the value of the inheritance.
The purpose of this draft law is to protect the interests of creditors from possible losses. In the explanatory note to the project, it is noted that often heirs, refusing inherited property, try to avoid paying debts to creditors, violating the principles of honesty and good faith.
According to Article 1268 of the Civil Code of Ukraine, if a relative of the testator permanently lived with him at the time of the opening of the inheritance and did not declare his refusal to inherit, he is automatically considered an heir. In this case, he is obliged to pay all the debts of the testator.
To pay debts, it is necessary to block the cards of the deceased in the bank and provide a death certificate. After that, the heir will be obliged to pay only the amount of the debt, without interest.
