A widow inherited a loan from Oschadbank amounting to 47,957 hryvnias. What was the court's ruling on this matter?

The man had used credit funds from Oschadbank during his lifetime. After his death, a credit debt of 47,957 hryvnias remained, which his wife is responsible for repaying. This is stated in the decision of the Smelyansky District Court of Cherkasy Oblast, published on February 18, 2025.

On August 8, 2018, a statement No. 497507924 was signed between the State Savings Bank of Ukraine and the man under the terms of a public offer, regarding his joining the contract for comprehensive banking services for individuals and opening a current account using an electronic payment instrument (payment card). Under this agreement, a current account with a credit line of 30,000 hryvnias was opened for him, with an annual interest rate of 38% for using the credit funds. He did not fulfill his obligations properly, resulting in a debt of 49,908 hryvnias as of September 19, 2024, which includes 47,957 hryvnias of credit debt; 1,939 hryvnias of interest on the credit; and 12 hryvnias of commission fees.

The borrower passed away. On July 4, 2024, the bank submitted a creditor's claim to the Smelyansk State Notary Office regarding the debtor's heirs, which was attached to the inheritance case to notify the heirs in case of a claim. To obtain information about those who applied for the inheritance, the bank filed a request with the Smelyansky District Court for evidence preservation through their requisition. Following the court's examination, a ruling was issued on October 29, 2024, to requisition information about the heirs from the Smelyansk State Notary Office. On December 9, 2024, the bank received information from the court, provided as part of evidence preservation prior to filing a lawsuit, indicating that after the death, his spouse had submitted a request for the inheritance. The content of the claims was communicated by the notary to the debtor's heir; however, the debt remains unpaid.

During the court hearing, the woman acknowledged the claim. She stated that the borrower was her husband, with whom she had been married since September 26, 2003. She was aware of the credit and the debt, and on June 4, 2024, she notified the bank branch of her husband’s death, providing a copy of the death certificate. Following this, according to a bank employee's assurance, the accrual of interest was halted. She additionally stated that she had started making payments towards the credit agreement debt, but it would take considerable time to pay off the entire amount. She is the only one who applied for the inheritance after her husband's death. According to the inheritance certificate, she inherited a residential house that previously belonged to her husband, which was received in fulfillment of a lifelong maintenance contract.

What did the court decide?

The court partially granted the claim. The debt from the husband to the joint-stock company "State Savings Bank of Ukraine" for the credit agreement dated August 8, 2018, No. 497507924, in the amount of 47,457 hryvnias, will be recovered.

"The bank has not provided any evidence to confirm the composition of the inherited property or its value; however, as stated by the defendant, they inherited real estate, the value of which is objectively greater than the debt amount claimed by the bank. The bank statement for the borrower's account duly confirms the fact of using the credit account, as well as the circumstances of interest accrual after the borrower's death. However, given the agreed-upon term of the loan, the absence of information about its extension or actions taken by the creditor for early repayment of the debt, it is impossible to establish the period for which interest was accrued, as well as their amount. As of June 7, 2024, after the interest accrual was written off post the borrower's death, the indicated amount (minus) was 0.99 UAH. The circumstances outlined cannot be established from the debt calculation under agreement No. 4975079 dated August 8, 2018, as of July 1, 2024, since it does not contain information about the interest accrual period. In light of the above, the court denies the recovery of the accrued interest amount based on its unreasonableness. The court concluded that partial satisfaction of the claim was necessary and ordered the recovery from the defendant to the plaintiff of the debt under the credit agreement No. 497507924 dated August 8, 2018, in the amount of 47,457 hryvnias," the court emphasized.