Do You Have To Return A Dead Person’s Money? – Law In A Minute

The Million Yuan Question: Does Darcy Owe a Ghost or His Best Friend’s Widow

In a plot twist that Jane Austen never quite envisioned, Darcy, fresh from bending the knee to his beloved Elizabeth, found his bank account as empty as a ballroom in quarantine. Ah, love – it launches a thousand ships but doesn’t fill the fuel tank.

Enter the gallant Bennet, Darcy’s best mate with pockets deeper than a philosopher’s thoughts. With a casual flick of his wrist, he loaned Darcy a cool million Yuan, because what are friends for if not to fund your post-nuptial globe-trotting and adrenaline fixes?

The newlyweds embarked on a three-month epic adventure, leaping off cliffs, plunging into the ocean’s abyss, and generally redefining ‘taking the plunge.’ It was bliss with a capital B.

But as fate would have it, when the time came for Darcy to restore the financial balance, Bennet met with a fiery fate behind the wheel. After the mournful dust settled, Elizabeth, ever the pragmatic romantic, piped up, “Why repay the million to Bennet’s widow? He’s pushing up daisies, and his bank account was fatter than a Christmas turkey!”

Darcy, a gentleman to his core, paled at the thought. “Immoral, my dear! And anyway, I don’t fancy being spooked by Bennet’s specter over breakfast.”

Elizabeth, unfazed and with a twinkle in her eye, retorted, “Ghosts? Pish-posh! My aunt’s got enough sage to smoke out any stubborn spirits. Plus, Bennet’s widow is swimming in cash!”

Now, the moral compass spinning, we ask: is Darcy honor-bound to repay the widow or does death dissolve debts?

 

Law In A Minute

Certainly, Darcy remains obligated to settle the debt, which entails repaying Bennet’s heir—his wife.

With Bennet’s untimely departure from this world, his estate, encompassing various debts, his domicile, his savings, and his tangible assets, is poised to be inherited by his lawful heirs, unless a legally binding will stipulates otherwise. Consequently, upon his passing, these assets and liabilities transfer to his next of kin. Therefore, unless Bennet’s wife voluntarily relinquishes such claims, Darcy is duty-bound to fulfill his repayment.

 

Legal Basis

Civil Code

Article 546

If the creditor transfers the right of claim without notifying the debtor, the transfer is not effective against the debtor.

The notification of the transfer of the claim cannot be revoked, except with the consent of the transferee.

Inheritance Law
Article 3

Estate denotes the lawful property owned by a citizen personally at the time of his death, which consists of:

(1) his income;

(2) his houses, savings and articles of everyday use;

(3) his forest trees, livestock and poultry;

(4) his cultural objects, books and reference materials;

(5) means of production lawfully owned by him;

(6) his property rights pertaining to copyright and patent rights;and

(7) his other lawful property.

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