If a child is not distributed the inheritance, will he/she have to pay his/her dead parents' debts?

If a child is not distributed the inheritance, will he/she have to pay his/her dead parents' debts?
Posted date: 17/05/2021

Please kindly give me an advice in the following case:

My parents have 03 children. Because I had had a conflict with my parents, when they died, I have not distributed their inheritance. However, in 2010, I found that my parents had taken out a loan of 500 million from Mrs. C, and they had not paid off the debt. So, I want to know if I have to pay the debt of my dead parents while I have no right to inherit?

FDVN’s Opinion:

According to the information provided by you, a loan of VND 500 million was the financial obligation left by your parents. To solve this issue, Article 615 of Civil Code 2015 stipulates that:

1. A person entitled to inheritance has the responsibility to perform the property obligations within the scope of the estate left by the deceased unless otherwise agreed.

2. Where an estate has not yet been divided, the property obligations left by the deceased shall be performed by the administrator of the estate as agreed by the heirs.

3. Where an estate has already been divided, each heir shall perform those property obligations left by the deceased corresponding to, but not exceeding, that part of the estate that the heir has inherited, unless otherwise agreed”.

With the above provisions, only the heirs divided the inheritance are responsible for performing the property obligations left by the deceased. In this case, you are not entitled to the loan left by your parents under the will. Thus, according to the law provisions, you are not obliged to pay the debt of your dead parents.

Nguyễn Thị Lan Anh – FDVN Law Firm



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