Sincere condolences and hello debts!
I lost my grandfather this summer. My mum and I are his sole heirs. Last week we found out that my grandfather hadn't paid all his bills and that he'd hidden a number of debts from us, even leaving certificates of default! We thought that these debts were extinguished with his death, so we were surprised to learn that his EMS was planning to put us into debt collection. What can we do to protect ourselves?
K., Meyrin
In Switzerland, the question of how to pass on debts on inheritance is of crucial importance to heirs. When a close relative - particularly a grandparent - dies and leaves behind debts, the heirs can find themselves in a tricky situation.
In inheritance law, the assets of a deceased person include both assets (bank accounts, securities, real estate and other property of all kinds) and liabilities (loans and various debts). According to art. 560 of the Swiss Civil Code (CC), acceptance of the succession implies that the heirs acquire all of the deceased's assets, i.e. both his assets and his debts.
If you accept your grandfather's estate, possibly jointly with your mother, you will become liable for all his financial obligations. The EMS could therefore take you to court to recover its unpaid debts, since as heir(s) you will have taken over the status of debtor from the deceased.
Default certificates are documents drawn up at the end of unsuccessful legal proceedings, indicating that the debtor has been unable to pay his debt. In other words, they are acknowledgements of unpaid debts.
Default certificates are not automatically extinguished by the death of the debtor; they remain valid and their holders can use them to claim amounts owed to the heirs.
However, it is important to remember that heirs are not obliged to accept the succession. Under art. 566 of the Civil Code, they have the option of repudiating it, i.e. refusing to accept it. This repudiation must be made within three months of the death or knowledge of the status of heir.
If there is any doubt as to whether the estate is in profit or deficit, it is possible to ask the judge to draw up an inventory of debts after a public call on creditors, provided that the request is made within one month of the death (art. 580 CC).
If you learned of your status as heirs less than a month ago, or less than three months ago, you still have the option of refusing this cumbersome inheritance or accepting it only if it turns out to be beneficial. If this is the case, you should consult a lawyer or contact the court clerk's office as soon as possible, otherwise you run the risk of having to assume your grandfather's debts, unless his insolvency was notorious.
