Heirs face debt dilemma as banks restrict access to financial information

A growing trend of inherited estates burdened with substantial debts is presenting a difficult dilemma for heirs in Poland. Lawyers note that while rejecting an inheritance was once a rare occurrence, it is now commonplace as individuals increasingly take out loans and credit. The primary challenge for heirs is the inability to fully assess the deceased's financial liabilities before committing to accepting or rejecting the inheritance.

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My clients visited the bank where the deceased mother had an account, asking if there was any debt. They were refused information. They hesitated but decided to accept the inheritance. When they returned to the bank with a notarial deed of inheritance, they were informed about a mortgage and credit card debts. In total, it was several hundred thousand zlotys.

Dr. Tomasz Henclewski, a lawyer from Poznań, shared an anecdote where clients, after their mother's death, were denied information about any outstanding debts by her bank. They proceeded to accept the inheritance, only to later discover a mortgage and credit card debts totaling hundreds of thousands of zlotys. The bank then demanded immediate repayment of the loan, which had been unpaid for three months since the mother's passing. Henclewski stated this is not an isolated incident, with many clients facing similar issues.

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Would banks really violate secrecy by confirming only the existence of a debt, say, above 5,000 zlotys? What good is protected by secrecy after the death of a bank client, and whose good is more important at this moment? In my opinion, the bank protects banking secrecy as a good in itself.

While accepting an inheritance with limited liability (up to the value of the assets) offers some protection, it doesn't solve the problem entirely. Inherited assets might include property, but creditors typically demand cash. Dr. Henclewski questions whether banks are overly protective of bank secrecy, arguing that the need for heirs to understand potential debts should take precedence. He points to the UOKiK's cautious warnings to banks about hindering access to information for relatives of deceased clients.

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It's not that banks refuse to provide information to the deceased's relatives out of ill will. Only heirs have the right to it, which they must confirm with a notarial deed of inheritance or a court ruling on acquisition of inheritance. If a refusal to provide information occurs, it is due to the lack of one of these documents. That's the law.

Dr. Przemysław Barbrich, director of communications and PR at the Polish Banks Association (ZBP), countered that banks do not refuse information out of malice. He explained that only heirs, confirmed by a notarial deed or court ruling, are legally entitled to such details. If information is withheld, it's typically due to the absence of these documents. Barbrich acknowledged that banks should thoroughly investigate complaints filed with the UOKiK, as it is difficult to imagine a scenario where a bank would intentionally obstruct an entitled heir from accessing account information. Banks, he stated, merely require confirmation of heirship.

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Complaints filed in this area by bank clients to the UOKiK should be thoroughly examined by the banks themselves, as it is difficult for us to imagine a situation where a bank hinders an entitled heir from establishing the state of the deceased's account.