Inheritance - legal advice
Agreements regarding inheritance
Subject to the following exceptions, the living succession contract is invalid.
The statutory heir may renounce his inheritance by contract with the future testator. Such an agreement should be concluded in the form of a notarial deed. Renunciation of inheritance also includes descendants who waive, unless otherwise agreed.
The surrender and his descendants, which are covered by the renunciation of inheritance, are excluded from inheritance as if they had not lived to see the inheritance open.
Renunciation of inheritance may be waived by the agreement between whoever renounced inheritance and who the inheritance was renounced. The contract should be concluded in the form of a notarial deed.
An heir who has accepted the inheritance may dispose of the inheritance in whole or in part. The same applies to the sale of an inheritance share. A sales, exchange, donation or other agreement to sell the inheritance transfers the inheritance to the buyer, unless the parties have agreed otherwise.
If the conclusion of the contract transferring the inheritance occurs in the performance of an obligation arising from a previously concluded agreement obliging to sell the inheritance, the validity of the contract transferring the inheritance depends on the existence of this obligation.
The agreement obliging to sell the inheritance should be concluded in the form of a notarial deed. The same applies to the contract transferring the inheritance, which is concluded in order to perform a pre-existing obligation to sell the inheritance.
The buyer of the estate inherits the rights and obligations of the heir. The seller of the inheritance is obliged to deliver what, as a result of the sale, loss or damage of items belonging to the inheritance, was obtained in return of these items or as compensation for damage, and if the sale of the inheritance was paid, also to compensate for the loss of value arising through wear or disposal free of charge by items to fall. The seller may require the buyer to reimburse expenses and expenses incurred for the inheritance.
The buyer of the estate is liable for inheritance debts to the same extent as the seller. Their responsibility towards creditors is joint and several. Unless otherwise agreed, the buyer is liable to the seller for the fact that creditors will not require him to provide benefits to satisfy inheritance debts.
In the event of the sale of an inheritance, the heir shall not be liable under the warranty for physical and legal defects of individual objects belonging to the inheritance. Benefits and burdens related to items belonging to the estate, as well as the risk of their accidental loss or damage pass to the buyer upon conclusion of the contract on the sale of the estate, unless otherwise agreed.