A comparative perspective on the liability of heirs

Abstract

Settlement of deceased's debts is one of the fundamental questions of succession. The liability of heirs for these debts is very difficult to regulate because of the need to balance several conflicting interests: the interests of heirs, the interests of estate creditors and the interests of heirs' personal creditors. Legal systems may attempt a simple, but rigid approach to heirs' liability or provide detailed and flexible, but complex rules on different scopes of liability in different situations. This article discusses the main approaches to liability of heirs for estate debts and provides a critical analysis of their advantages and disadvantages. The author concludes that complex and flexible rules on liability of heirs may ultimately lead to more just distribution of estate assets.

Keywords

• liability of heirs
• succession law
• estate settlement
• estate insolvency
• probate