Requesting BKR from deceased: here's how to get insight into outstanding loans

Who may request a deceased person's BKR registration?

Not just anyone can request a deceased person's BKR registration. The BKR protects the privacy of individuals, even after their death. Only legally recognized interested parties have the right to view. These are:

1. Heirs Who can prove that they are heirs of the deceased.
2. The executor of the will Who is appointed by the deceased to settle the estate.
3. The notary public In charge of settling the estate.

To prove your competence, you need official documents. The most important document is the Certificate of Inheritance, which is issued by a notary public. This declaration confirms who the heirs are and who, if any, has been appointed as executor.

It is important to note that friends, acquaintances or other relatives without inheritance rights cannot access the deceased's BKR information. This is established by law to protect privacy.

How do you interpret a deceased person's BKR information?

When you receive the deceased's BKR statement, it is important to understand what the various codes mean. This will help you get a complete picture of the financial situation.

Information in a BKR statement

A BKR statement contains the following information:

• Overview of current credits and loans
• Closed credits for the past five years
• Any backlog reports (A codes).
• Mortgage information (H codes).

In particular, lagging codes such as an A coding are important to keep an eye on. These indicate past payment problems. Also an H-coding on a mortgage indicates that there have been problems with mortgage payments.

Meaning of encodings

The most common codes in a BKR registration are:

If you have an A1 coding or A2 coding sees, it means that there have been payment arrears that have since been resolved. A A3 coding or A4 coding indicates more serious problems that may not yet have been resolved.

What to do with the information from the BKR statement?

After you receive and interpret the deceased's BKR record, it is important to use this information when making estate decisions.

Accept or reject inheritance?

Based on BKR information, you can better assess whether it is wise to inherit:

1. Pure acceptance: You accept the inheritance in full, including all debts. This is only wise if you are sure the assets are worth more than the debts.
2. Beneficial acceptance: You accept the inheritance "under the privilege of inventory. This means you are not personally liable for debts that exceed the value of the inheritance. This is a safe choice if you are unsure about the size of the debts.
3. To disclaim: You completely renounce the inheritance, including all possessions. This is wise if the BKR registration shows that there are many debts.

Beneficial acceptance or repudiation requires you to make a declaration to the court within three months of death or after you have been notified of your heirship. It is important to seek legal advice on this.

Contacting creditors

If the BKR statement shows that there are outstanding loans, it is wise to contact the relevant creditors. Inform them of the death and ask for a current statement of the debt.

Note that creditors may not seek recourse against the heirs for three months after death. This period gives you time to take stock of the estate and make an informed decision on whether to accept the inheritance or not.

"It frequently happens that surviving relatives accept an inheritance purely without first fully assessing the financial situation. This can lead to major personal financial problems if it later turns out that there are more debts than assets. BKR inspection is a relatively simple step that can prevent a lot of misery."

Deepak - Legal Specialist