The quality of the heir and the personal insolvency

When extravagance becomes heir during the insolvency process, doubt arises whether this right to inheritance should be connected to this process, which assumes more satisfaction when the process represents the acquittal of the remaining responsibility, which raises the additional question of knowing whether its right to inheritance is considered income or heritage for the enemy.

by Sofia Jarredo *

The law states that the debtor must inform the court of all the assets and rights it enjoys, under the penalty of penalties. That is, the extravagance to communicate with the insolvency of any assets or rights to which it belongs, and the neglect of this information can be considered a serious violation and leads to severe consequences, such as early customization to perform the cancellation or even cancel the remaining expectations.

In this context, the first doubt is whether the right to inheritance – that is, the right to inheritance that has not yet been shared – can be considered an income or heritage.
Although the right to inheritance is not initially an individual commodity (until participation), it is the right of a property that may be related to creditors. Consequently, it must be treated as part of the debtor’s heritage and delivered in the context of the insolvency process, to ensure creditors benefit from the final division of this inheritance.

The heir, before participation, has the right to inheritance, that is, he is entitled to obtain a part of the inheritance, but not for concrete or individual goods, which only occur with the participation.

However, during the task period and throughout the insolvency, even if the inheritance is not divided, the right to this should be considered available, as it is a possible increase in the debtor’s heritage, which is appropriate to recover credit in the insolvency process.

Another relevant side is the possibility of the right to inheritance to reflect to the sweetest mass, which is seized in its favor. The Civil Procedure Blog allows the right to the inheritance that is still not divided, that is, the debtor’s right to inheritance assets, which has not yet been repeated. However, the indigenous inheritance connection is not the same as a specific part of each commodity.

In insolvency, there is a possibility to realize the inheritance in order to ensure that creditors can benefit from the rights of insolvent, until the inheritance is divided and that the credit takes appropriate measures to ensure the participation or filtering of the inheritance.

In short, the right to inheritance, although it is not shared, should be considered an income or heritage for the process of insolvency. The debtor who assumes the quality of the heir has a commitment to connect this right and set his right to inheritance to the insolvency process.

It is important to note that the content and form of this connection, as well as the tangible consequences of the assets of the hurricane will always lack the tangible analysis and its follow -up, in order to ensure the interests of all the participants in the process.

* lawyer CBA legal advisers.

Legal warning: This article is just useful and its content cannot be considered providing legal services or consulting of any kind. This article, by its nature, in general, abstract and does not apply directly to any specific case, so it is not used with a properly qualified professional consultation, and the reader should not behave or fail to act by returning to its content.