Inheritance - legal advice

Inheritance law

ATTENTION! automatic translation from Polish

Inheritance in OFE and ZUS

OFE members can receive OFE money from deceased relatives. You can also inherit money from ZUS. This is enabled by a special sub-account in the first pillar, which has been in operation since May 2011.

The rules of inheritance from OFE and ZUS are identical. The fund participant has the right to have the money accumulated on the OFE account in the event of his death. Until 2011, it was not necessary to indicate the person who will receive the money after the death of the fund participant. In a situation where the participant did not indicate the beneficiary, the money simply fell in equal parts to the immediate family members of the deceased. From February 17, 2011, after the new regulations come into force, money will be included in the estate if no beneficiary is indicated. In order not to expose their loved ones to a burdensome procedure for withdrawing money from OFEs, the participant should indicate the beneficiary.

A married person who belongs to the second pillar (OFE) can only dispose of the money accumulated on the account that is not due to the other spouse due to the community of property, because the funds accumulated on the account constitute joint property (this does not apply to spouses who have signed prenuptial).