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If your debtor rejects an inheritance to keep it out of your reach, you do not have to accept this. You can ask the court to have the estate settled in your interest, after which you register your claim with the liquidator. However, you must demonstrate that the rejection is detrimental to you — and going to court entails costs.
If a debtor has no income or assets, collection is difficult. If he suddenly receives an inheritance, it is tempting for him to reject it: the money then goes to the other heirs instead of to you. But as a creditor, you are not powerless.
The law protects the creditor
The law offers protection, but you must go to court. You can ask the judge to have the estate settled in your interest. If the judge agrees, you register your claim with the liquidator, who settles the estate.
The liquidator determines whether the estate has more assets than liabilities. If so, your claim is paid. If the inheritance is smaller than your claim, you receive the share the debtor would have received without renunciation. If the heir has multiple private creditors, the liquidator distributes them proportionally to the claims.
Going to court is necessary
The judge does not simply appoint an executor. You must demonstrate that the rejection clearly disadvantages you. To this end, it must be established, among other things: the existence of a valid claim, the financial position of the debtor (that he cannot pay in any other way), and the size of the estate and the share of the inheritance. You must therefore first be granted access to the inventory of the estate.
So there are possibilities, but judicial intervention is always necessary, with associated costs (court fees, lawyer). And it is not always certain beforehand whether the estate is substantial enough. Therefore, weigh the options carefully — going to court pays off, especially for large claims.
Prevention is better than cure
It is better to prevent non-payment: invoice on time, limit payment terms, and request advances or guarantees to encourage customers to pay faster. Consider insuring yourself against defaulters and implement an active debt collection policy.
Frequently Asked Questions
Is there anything I can do if my debtor rejects an inheritance?
Yes. You can ask the court to have the estate settled in your interest, provided you demonstrate that the renunciation is clearly detrimental to you. Subsequently, you notify the liquidator of your claim.
How much will I get then?
If the estate is large enough, your claim will be paid. Otherwise, you will receive the share the debtor would have received without renunciation, possibly shared proportionally with other creditors.
Does going to court always pay off?
Not always. There are costs involved, and it is not certain beforehand whether the estate is of interest. It can be worthwhile, especially in the case of large claims.
Assistance with debt collection and collateral
The legal experts at MKB Juristen advise you on debt collection, collateral, and the steps to take when dealing with a debtor who refuses to pay. Schedule an intake interview .
