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Inheritance law

Professionalism, experience, and a personalized approach are the foundations upon which our law firm operates in the field of inheritance law. By choosing our firm, you can be assured that the inheritance process will proceed smoothly and in full compliance with the law.

Inheritance law

Our law firm offers comprehensive legal services in inheritance matters, assisting clients with issues related to succession. With our experience and expertise in inheritance law, we provide support at every stage of the process, from drafting a will to the division of assets.

The legal basis for inheritance law is the Act of April 23, 1964 – the Civil Code, specifically the provisions contained in Book IV of the Civil Code.

Amongst our services you can find:

  • legal assistance in drafting a valid will,
  • confirmation of inheritance acquisition based on statutory law,
  • confirmation of inheritance acquisition based on a will,
  • representation in inheritance division cases,
  • representation in cases of disinheritance due to unworthiness,
  • claims for reserved portion (legitime),
  • invalidation of a will.

Time passes, what you say stays.  - Lew Tołstoj

Disposition of assets upon death – statutory and testamentary inheritance.

Inheritance law determines who inherits a deceased person's estate in the absence of a will, the order of succession, and the rules for drafting a will and inheriting under it. Inheritance involves the disposition of assets or part of an estate upon death to other individuals—heirs. This process is governed by inheritance law, which outlines the rules for succession, disinheritance, and the division of the inherited estate.
Drafting a will is an important step in planning for the future and distributing one's assets after death. It is a declaration by the testator, outlining how both financial and non-financial assets should be allocated after their death. When creating a will, the testator can specify who will inherit the estate and rights, as well as in what proportions. Additionally, a legacy may be included, which allows a specific person to acquire a particular right or asset, such as money or property, either directly from the heir (ordinary legacy) or at the moment the inheritance opens (specific legacy). The testator may also express their final wishes to heirs or legatees in the form of instructions, such as burial arrangements.

Order of succession

According to the Civil Code, the statutory heirs are, first and foremost, the decedent’s children and spouse, who inherit in equal shares. If a child of the decedent does not survive the opening of the estate, their share is inherited by their children, i.e., the decedent's grandchildren. In the absence of the decedent’s descendants (children, grandchildren, or great-grandchildren), the spouse and parents are called to inherit. The decedent's siblings inherit only if the parents are no longer living but would have been entitled to inherit. Grandparents inherit only if there are no descendants, spouse, parents, siblings, or descendants of siblings of the decedent.
Importantly, a spouse who was legally separated from the decedent by court order before their death is excluded from statutory inheritance. However, this does not preclude inheritance based on a will. Significant changes regarding the circle of heirs came into effect on November 15, 2023, which you can read about here. Inheritance law allows the testator to determine their own circle of heirs in a will, and these do not have to be blood relatives. An heir can even be a legal entity, such as a hospital or a foundation.

Disinheritance – deprivation of the right to a reserved portion (legitime).

Disinheritance occurs when a testator, while drafting a will, not only omits their descendants, spouse, or parents but also deprives them of the right to a reserved portion (legitime) based on circumstances outlined in the Civil Code. This can happen if the heir behaved dishonorably toward the testator during their lifetime. The reason for disinheritance must always be clearly specified in the will.
If a disinherited person disagrees with the testator's will, they may contest it by challenging the validity of the entire will (e.g., if they have evidence that the will was made under duress or mistake) or by defending against the disinheritance itself. This can be done by demonstrating that the grounds for disinheritance did not exist or that the testator had forgiven the disinherited person.

Drafting a will.

Key issues to consider when drafting a will include:

Choosing a legally compliant form of a will.

A will can take various forms, such as a notarial will, a handwritten will, or an oral (allographic) will made in the presence of witnesses. Each of these forms has its advantages and limitations, so it's important to choose the form that best suits your needs and situation. Under Polish law, there is no option for spouses to create a joint will, as is possible in some other European countries.

Designation of heirs

In a will, you can designate the individuals who will inherit your estate and determine their shares of the inheritance. You can also use a will to disinherit someone who would otherwise be included among the statutory heirs.

Expression of other wishes

In addition to inheritance of assets, a will may also include other wishes, such as those regarding the care of children, funeral arrangements, or donations to charitable causes.

Safeguarding a will

It is important that a will is drafted correctly and in accordance with the applicable legal regulations to avoid potential disputes and doubts regarding its validity after the testator's death.

Updating a will

W miarę zmiany sytuacji życiowej i majątkowej warto regularnie aktualizować testament, aby nadal odzwierciedlał nasze aktualne życzenia i potrzeby.

Drafting a will can be complex, which is why it is advisable to seek the help of an experienced lawyer who can assist in properly formulating the document and provide necessary legal guidance.

Confirmation of inheritance acquisition

Obtaining a confirmation of inheritance acquisition is a useful step. It is a formal process in which the court confirms the heirs' right to inherit the estate of the deceased. This is a crucial step that allows the heirs to legally take control of the estate and exercise the associated rights and obligations. During this process, the heirs submit an appropriate application to the court, accompanied by the necessary documents proving their status as heirs and documents related to the estate. After reviewing the application and documentation, the court issues a ruling confirming the acquisition of the inheritance, formally affirming the inheritance rights of the entitled individuals.
The confirmation of inheritance acquisition is important both for heirs, who can legally manage the inherited estate, and for third parties who may have interests related to it. The confirmation of inheritance can also be obtained from a notary in the form of a certificate of inheritance, which is slightly more expensive but much quicker than court proceedings. However, this option is available only when the circle of heirs is known and there are no doubts regarding it.   In cases where there are uncertainties about the extent of inheritance obligations and personal liability, it is advisable to consult with our law firm.

Inheritance proceedings for the division of assets after the decedent

When a decedent passes away, their estate, which includes everything they owned, should be transferred to others according to their will as specified in the testament, or in the absence of a will, to their relatives, in accordance with the order of succession established by the Civil Code. The first step in the division of the estate is to identify all the assets and debts left by the deceased, known as the composition of the estate. Then, it must be determined whether there is a will, and if so, who has been designated as the heir or heirs. If there is no will, or it does not specify the heirs, the statutory inheritance rules apply.
The division of the inherited estate can take place in various ways, depending on the circle of heirs and the decedent's decisions regarding the distribution of inheritance shares, if a will was left. This can involve an equal division among all heirs, or it may specify a different method of distribution, such as assigning specific items or amounts to particular individuals.

Division of the estate – court or a division agreement at a notary?

In some cases, the division of the estate may become a point of contention among heirs, especially when there are disagreements over the interpretation of the will or the legal provisions regarding inheritance. In such situations, it is often necessary to resolve the dispute through mediation or court proceedings. However, if all heirs agree on the division of the estate, they can enter into a division agreement before a notary, which is much faster than court proceedings.
The division of an estate through the court is a process that requires consideration of both emotional aspects and adherence to legal regulations. In such situations, it is advisable to seek the help of professionals to ensure a fair and lawful division of the estate.

The reserved portion (legitime) – when can this legal institution be used?

The reserved portion (legitime) is an institution in inheritance law designed to protect the rights of descendants, the spouse, and the parents of the deceased who were excluded from the will. It ensures a minimum share of the estate to which they are entitled, even if they were not named in the will or received less than their statutory share. According to Article 991 of the Civil Code, this share amounts to half of what the heir would have received if the estate were divided according to the rules of statutory inheritance, or two-thirds of that share if the person is permanently unable to work or if the entitled descendant is a minor.
The purpose of the reserved portion (legitime) is to ensure fair treatment of heirs and to protect their interests, particularly when the deceased did not properly designate them as heirs. Through the reserved portion, entitled individuals can claim their rights and share of the estate, even if they were excluded from the will. This means that, despite the existence of a will, those entitled to the reserved portion can pursue their claims to the appropriate share, provided they were not disinherited by the testator.

Do you need help? Contact our law firm!

If you are interested in our services regarding testamentary or statutory inheritance, we invite you to contact our law firm by filling out the contact form or via email at: kontakt@kancelaria-jp.pl.

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