When it comes to enforcement proceedings in cases related to inheritance, it should be understood that heirs can act both as a debtor and as a claimant.
To begin with, it is worth noting hereditary disputes that are resolved by the court:
related to the division of hereditary property;
recognition of the will invalid;
on the allocation of a mandatory share in the inheritance;
between heirs under the law and incapable dependents of the testator;
on removal from the inheritance of unworthy heirs;
on the preemptive right of the heir to certain objects from the composition of the inheritance during its division;
about collecting debts of the testator from his heirs.
Consider some of these situations. The heir to the deceased person may be involved in enforcement proceedings as a debtor for the debts and obligations of the testator.
Inheritance is the transfer of all property, and in some cases non-property rights and obligations from the deceased person to his heirs. The transfer of rights occurs simultaneously and in full.
Inheritance is accepted by the heir in full and without reservations or conditions. Debtors of the testator are also part of the inheritance.
The debts of the testator are collected from all the heirs in solidarity, but within the value received by the heir to the share.
If the heir, accepting the inheritance, refuses to voluntarily fulfill obligations on the debts of the testator, then such an heir can be involved as a debtor in enforcement proceedings.
So, if the heir has not fulfilled the obligation to repay the debt imposed on him in connection with the acceptance of the inheritance, then the creditor has the right to sue to recover such debt. On the basis of a court decision, a writ of execution is issued to the creditor.
The limitation period, according to the requirements that the creditors had for the testator, could be either general or special. Since the heirs are the successors of the testator, the limitation period for the testator’s debts does not begin from the time the inheritance was opened, but from the day when the creditors have the right to claim such debts against the testator.
The heir may also act in the enforcement proceedings as a recoverer.
So, the court considers disputes on the division of inheritance property, on the allocation of an obligatory share in the inheritance, on removal from inheritance, on the pre-emptive right to certain objects from the estate, and other disputes.
Based on the results of the consideration of such disputes, the court makes a decision in which it may oblige the party to transfer the property, part of the property, the amount of money, and also oblige it to take certain actions to restore the right of the other party.
In case of non-execution of the court decision on the consideration of a dispute related to inheritance, the right to apply for the writ of execution is the heir in whose favor the decision was made.
In enforcement proceedings, a declarative principle applies to such executive documents. This means that the recoverer presents an executive document with a statement on initiation of enforcement proceedings before the expiration of the limitation period to the enforcement department at the debtor’s place of residence, or to the location of the property, in respect of which certain actions must be performed.
The total limitation period for the presentation of writ is 3 years.
Upon receipt of an application for initiation of enforcement proceedings, the bailiff checks it for compliance with all the conditions for such statements, and if there are no grounds for refusal, within 3 days from the date of receipt of the application, it issues a decision on initiation of enforcement proceedings. In this decision, the bailiff sets the deadline for the voluntary execution of the writ of execution and sends it to the parties. The term for voluntary execution is seven days, but at the request of the debtor and the availability of grounds may be increased.
If the debtor fails to comply with the requirements of the writ of execution within a voluntary period, the bailiff begins the process of enforcement.
In the framework of enforcement proceedings, the bailiff is entitled to: call the parties and take explanations from them; go out at the place of residence of the debtor in order to identify property that can be levied for subsequent sale in favor of paying off the debt; draw up the debtor’s drive through the internal affairs bodies (if the debtor is not voluntarily at the call of the bailiff); if necessary, at the request of the claimant, declare the search for the debtor; to recover the debtor’s funds in the accounts, as well as electronic money; to suspend operations on bank accounts, seize vehicles owned by the debtor and sell them through specialized organizations in order to fulfill monetary obligations; forbid the debtor to perform certain actions; seize funds and property held by third parties; prohibit the alienation of property. And also to perform other actions established by law aimed at fulfilling the requirements of the executive document.
A recoverer shall have the right to submit petitions to a bailiff, be present when he performs executive actions, declare a reasoned challenge to the bailiff, get acquainted with the materials of the enforcement proceedings, appeal the decisions of the bailiff, as well as his actions or inaction, and also enjoy other rights. The recoverer is also endowed with the duties: to appear at the call of the bailiff, to provide the requested information, documents. Also, the collector at any stage of the enforcement proceedings has the right to submit an application for its termination.
According to the results of the execution of the enforcement document, the bailiff shall issue a decision. This may be a decision on the completion of the writ of execution – in case of fulfillment of the requirements set forth in it, or a decision on the termination of the enforcement proceedings when the writ of execution was not fully executed for various reasons.
An executive document that has not been executed by a bailiff may be presented repeatedly during the limitation period.
Our Law Office has extensive experience in the implementation of court decisions on inheritance disputes. Our lawyers and advocates fully accompany the process of enforcement proceedings until the full execution of the judgment.
