Inheritance Law – What Does It Actually Mean?

Do you want to take possession of and divide the inheritance you are entitled to, but conflicts with co-heirs prevent you from doing so? Are you seeking to obtain the rightful portion of the reserved share (legitim)? Do you want to exclude a close person from inheritance due to their mistreatment of you?

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We will explore every opportunity leading to a favorable resolution for you

Satisfaction

From a fair division that reflects your interests

Establishing the acquisition of inheritance and its division among individual heirs, obtaining a reserved share, or effectively disinheriting someone is not as straightforward as you might think. Especially those who lack the necessary knowledge in this area may face significant challenges navigating the legal intricacies of inheritance law.

Contact us to learn how much we can do to achieve a satisfactory resolution to your problem. Remember – acting quickly is often crucial – deadlines set by inheritance law are relentless.

Let us help you and show you how efficiently and effectively our attorneys and legal counselors, specializing in complex inheritance law matters, can work!

What Is Inheritance?

Inheritance refers to the totality of rights and obligations of a financial nature belonging to the decedent at the time of their death and subject to inheritance. These constitute the so-called inheritance estate, which passes to the heirs.

How Does Inheritance Work?

In Polish law, there are two ways of inheritance:

Testamentary, and
Statutory.

The first applies when the decedent left a will. If no will was made, statutory inheritance occurs, governed by the provisions of the Civil Code.

How Can Inheritance Be Accepted?

Inheritance can be accepted:

Outright, which means the heir inherits it without any limitation regarding debts. They are responsible for all debts with their entire estate.
With the benefit of inventory, where the heir’s liability for inheritance debts is limited to the value determined in the inventory list or inventory statement of the estate.

Statement of Acceptance or Rejection of Inheritance

A statement of acceptance or rejection of inheritance can be made:

Before the court, or
Before a notary public.

It must be made within six months from the day the heir learned about their title to inheritance. Failure to make a statement within the specified time frame results in accepting the inheritance with the benefit of inventory by default.

What Is the Establishment of Inheritance Acquisition?

The purpose is to formally determine who belongs to the circle of individuals inheriting the estate. Establishment of inheritance acquisition can be achieved in two ways:

In court proceedings – by a court ruling confirming inheritance acquisition, or
Before a notary public – through a notarial certificate of inheritance.

What Is the Division of Inheritance?

The division of inheritance is a procedure aimed at determining the value of specific estate items that are part of the inheritance and allocating them among specific heirs, who then become their sole owners. It is the next step after heirs obtain confirmation of inheritance acquisition.

The division of inheritance can occur:

By agreement among all heirs, or
By court order at the request of any of the heirs.

When Does a Potential Heir Not Inherit?

The following individuals do not inherit:

Persons who cannot be heirs

Persons who reject the inheritance

Those deemed unworthy of inheritance

Individuals named in an invalid will

Persons who signed a contract with the decedent renouncing inheritance

Persons disinherited

Persons excluded from inheritance

How Can an Inheritance Renunciation Agreement Be Made?

If a statutory heir does not wish to inherit from a future decedent, they can enter into an inheritance renunciation agreement, which must be executed as a notarial deed. Renunciation of inheritance also applies to the descendants of the renouncing party, unless otherwise agreed. Both the renouncing party and their descendants are excluded from inheritance as if they predeceased the decedent.

Who Can Be Deemed Unworthy of Inheritance?

An heir is deemed unworthy of inheritance if they:

Intentionally committed a serious crime against the decedent,
Fraudulently or by coercion influenced the decedent to draft or revoke a will, or prevented them from taking such actions,
Intentionally concealed or destroyed the decedent’s will, forged or altered it, or knowingly used a will manipulated by someone else,
Persistently avoided fulfilling a maintenance obligation towards the decedent, as defined by agreement, court ruling, or settlement,
Persistently neglected care duties towards the decedent, particularly those arising from parental authority, guardianship, foster care, marital obligations, or mutual respect and support between parent and child.

What Is Disinheritance?

Disinheritance means the decedent deprives individuals entitled to the reserved share of their right to it. Disinheritance is possible only under the specific circumstances outlined in the Civil Code. It can be applied to those entitled to the reserved s

hare if they:

Persistently act against the decedent’s will in a manner contrary to social norms,
Commit intentional crimes against the decedent or their close ones, such as severe offenses against life, health, liberty, or dignity,
Persistently fail to fulfill family obligations towards the decedent.

Disinheritance can only be done in a will.

What Is Exclusion from Inheritance?

Exclusion of an heir can occur in two ways:

Through a will, or
Through court proceedings.

Exclusion by will occurs when the decedent deliberately omits individuals they wish to exclude from inheriting their estate. This is known as a “negative will.”

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Exclusion by will occurs when the decedent deliberately omits individuals they wish to exclude from inheriting their estate. This is known as a “negative will.”

Court-ordered exclusion applies solely to the decedent’s spouse if:

The decedent filed for divorce or separation due to the spouse’s fault but died before the case concluded, and
The claim was justified.

Court-ordered exclusion requires a court ruling.

Is the person obligated to pay your reserved share refusing to provide the appropriate amount? Is someone obstructing your rightful inheritance? What actions will we take to compel them to comply?

Determining your options: In an initial meeting, we will assess the available courses of action and analyze your legal situation.

Demand letter: We will request the opposing party to voluntarily fulfill their obligations and seek an amicable resolution. We will also outline the consequences of ignoring your demands, paving the way for court proceedings if necessary.

Legal representation: If the opposing party does not comply, we will initiate a lawsuit or application and represent your interests in court. After obtaining a favorable judgment, we will enforce its provisions.

Do you have issues with your reserved share? Do you want to divide an inheritance? Is something unclear? Contact us and find out how we can help you get what you are entitled to!

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