Access to Legal Remedies to Avoid Inherited Debt

In September 2025, Roza (*fictional name), who had recently learned of her husband’s death, contacted ELIL’s Warsaw Project. was approached by a woman who had received information about the death of her husband. Although the couple had been living separately for several months, they remained legally married. After his death, her husband left behind outstanding debts; Roza was concerned that they could be transferred to her, or to their young child. She was particularly worried about outstanding debts linked to her husband’s car, including compulsory motor insurance, and she did not know where the vehicle was.

The beneficiary reported that her husband had been found deceased in the apartment where he had been living. She sought legal assistance due to concerns about outstanding debts left by her husband and asked whether these liabilities could be transferred to her, given that they had not divorced. She also indicated that her husband owned a car, while part of the debt was related to compulsory third-party motor insurance (OC), and she did not know the current whereabouts of the vehicle.

During the consultation, ELIL’s legal team established that no marital property separation agreement had been concluded, meaning inheritance issues could affect Roza and the child. Roza’s primary goal was to ensure that neither of them would inherit any debts; the clear choice, therefore, was for Rosa and her child to renounce inheritance.

ELIL advised her to find out if her husband had any assets in Poland or abroad, as renouncing inheritance would apply to all property. Roza managed to confirm that the only property her husband had was his car. His debts exceeded its value. Therefore, our team helped her to prepare the documents needed to renounce the inheritance. 2 documents were needed - one for her, and one for her child. ELIL’s support helped her understand her legal options, protect herself and her child from financial liability, and move forward with clarity and reassurance.

*Personal details have been changed to protect the anonymity of the applicant.