Solution sun: relatives of the deceased inherit the interest on the loan


Решение ВС: родные покойника наследуют проценты по кредиту

A disappointing decision for those who inherited from the deceased relatives received debt issued by the Supreme court. In the opinion of the high court, the bankers have every right to charge interest on the loan is deceased, even if none of his relatives has not had time to accept the inheritance.

As it became known “MK”, the reason for the proceedings was a conflict of Muscovites — mother and adult son — with a commercial Bank. The father of the family four years ago, took a consumer loan of 120 thousand rubles. A year later the borrower has died, and his son wrote the bankers a letter asking to freeze the loan as long as mom doesn’t come into inheritance. In the words of the clerks assured that all will be well and within six months after the death of their client will not charge interest. Six months later the young man came to the Bank and one payment repaid the entire balance of the debt — 96 500 rubles. However, employees of the credit organization said that it has 11 500 — the interest on the loan that they promised to not “cheat”. The man tried to explain that he physically could not use his father’s credit, because within six months all his money and assets were frozen by the notary in the framework of the hereditary cases. Moreover, the range of heirs within six months was not determined. And, therefore, it is unclear who and how many would have to pay for the ill-fated loan. Nevertheless, bankers remained adamant, and the new debtor had to go to court. Izmailovo district court sided with the creditors, and the court where the heir appealed the first instance decision, decided the case in his favor. The appeal decided that the obligations to the Bank Moskvich has fully performed and no interest to pay should not. Bankers with such verdict has disagreed and has filed a complaint in the armed forces, which took extremely unfavorable for the heir position. A panel of senior judges in its definition pointed to the fact that credit obligations did not “die” together with the borrower, and become part of the inheritance. And despite the fact that the right to administer the estate of the deceased heir receives only half a year later, the Bank has every right not to freeze credit, and to continue regularly to accrue interest on the balance.

Expert opinion

Says the head of the League for the protection of debtors on credits Sergey Krylov: “the Court in this case made the right decision. The Bank is entitled to charge interest and penalties after the borrower’s death. This is stated in the Ledger and in the loan agreements. But the heir has the right to reduce the amount of interest. Court should consider that the amount of liquidated damages shall not exceed double amount of the refinancing rate. If the heir can prove that is in a difficult financial situation (disability, dependency, unemployment), then the interest can be reduced even stronger.”


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