A telecom or leasing contract continues and does not expire if the customer dies.
Author: Gabriela Baumgartner
Many consumers believe that contracts are automatically canceled when someone dies. This is not true: when a person dies, all of their obligations pass to their heirs. This also applies to current contracts.
What should you do after a death and what is the best way for heirs to proceed?
Heirs must terminate contracts: After the death of a relative, the heirs must fulfill the obligations arising from these contracts, i.e. pay outstanding bills from the inheritance. You have to terminate current contracts such as telecommunications or leasing contracts; only then are you released from your obligations. The notice periods that apply are determined by the terms of the respective contract.
A notice period of three months usually applies to telecom contracts: The example of an “Espresso” listener is about his deceased mother’s telecommunications contract via the Internet, TV and cell phone. In the event of death, most providers provide for a shortened notice period in their general contractual terms; some terminate contracts immediately after the death of the customer.
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The legal experts Gabriela Baumgartner and Raphaela Reichlin answer a legal question every Thursday in “Espresso”. Click here for the previous answers.
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Exceptions in labor, tenancy and social security law: Not all contracts pass to the heirs after a death with all rights and obligations: If an employee dies, the employment relationship ends with his death. In the case of rental agreements, the heirs have the right to terminate the apartment with the statutory notice period to the next regular date – even if a longer notice period has been agreed in the contract. In the case of health insurance premiums, according to a decision by the Federal Court, the premium is only due until the date of death. The health insurance company must refund excess premiums paid.
Good to know: It is possible that bills will still arrive years after a death. If these bills have not yet expired, the heirs have to pay – even if the inheritance has long since been distributed.
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