KKO 4957/1995
AI generated
Heir liable for funeral costs if estate assets insufficient to cover debts.
Legislator summary
AI generatedThe Supreme Court of Finland ruled that an heir is personally liable for funeral expenses when the deceased's estate lacks sufficient assets. The plaintiff argued that the heir must cover the burial costs, while the defendant claimed exemption due to the estate's insolvency. The court held that the heir's liability is conditional upon the estate's inability to pay, thereby protecting heirs from personal financial burden in such scenarios.
Legislator headnote
AI generatedSection 10 of the Succession Act; Section 10 of the Succession Act: An heir is liable for funeral expenses only if the estate's assets are insufficient to cover them.
Keywords
AI generated
heir liability
funeral expenses
estate insolvency
succession law
personal debt
estate assets
burial costs
Cited Legislation
AI generatedSection 10 of the Succession Act
Related Decisions
AI generatedkko-precedent_1998_163
Supreme Court dismisses appeal; estate assets exceeding funeral costs do not exempt heir from debt liability under inheritance code.
kko-precedent_1995_174
Supreme Court dismisses appeal; existing executor deemed suitable despite new executor's prior knowledge of estate.
kko-precedent_1995_175
Supreme Court dismisses appeal; prior executor status does not disqualify lawyer as estate administrator.
kko-precedent_1995_177
Supreme Court holds that majority estate owner's nominee is not decisive if the nominated executor is suitable.
kko-precedent_1991_82
Supreme Court allows estate costs for necessary partition agent appointment to be paid from estate assets.
Full text
Kysymys siitä, oliko kuolinpesän osakas vastuussa pesään kuuluvista hautauskustannuksista.