Inheritance - legal advice

Inheritance law

ATTENTION! automatic translation from Polish


inheritance


Opening the inheritance

The Civil Code uses the concept of opening an inheritance. The moment of opening the inheritance means the heir acquires the inheritance. According to the Civil Code, the death of a testator means the opening of an inheritance.


Appointment to inheritance

You can become an heir on the basis of a law (i.e. civil code) or on the basis of a will. Statutory inheritance as to the entire inheritance occurs when the testator has not appointed an heir or if none of the persons he has called wants or cannot be the heir. Statutory inheritance as to part of the estate occurs when the testator has not appointed an heir to that part or if any of the several persons who appointed the whole estate do not want or cannot be the heir.


What is included in the estate?

The inheritance is the total civil property rights and obligations of the deceased (art.922 1 of the Civil Code). The inheritance does not include property rights and obligations arising from provisions belonging to other branches of law (administrative law, financial law). They do not include the deceased's rights and obligations closely related to his person, as well as the rights that upon his death pass to designated persons regardless of whether they are heirs.

For example, the inheritance will include:

  • ownership of things
  • participation in joint ownership
  • perpetual usufruct
  • cooperative ownership right to a dwelling
  • pledge and mortgage, but only together with the claim they secure
  • rights and obligations arising from contractual relationships (in principle)
  • claim for damages to property
  • right of repurchase
  • preemption
  • the right to one-off cash compensation for an accident at work
  • Employee's right to acquire shares free of charge
  • the right to request the return of expropriated property
  • possession, both autonomous and dependent
  • rights arising from securities, eg a promissory note or check
  • inheritance debts

What is NOT included in the estate?

They do not include the deceased's rights and obligations closely related to his person, as well as the rights that upon his death pass to designated persons regardless of whether they are heirs.

For example, the inheritance does not include:
  • personal rights
  • maintenance claims
  • pension entitlement
  • a work contract, the performance of which depends on the personal attributes of the person accepting the order (e.g. painting by a painter)
  • the right to life under a life contract
  • rights and obligations arising from the provisions of tax law, their succession is possible only on the basis and within the limits of the provisions of the Tax Code
  • The right to early retirement for employees caring for children who require permanent care
  • Entitlement to file an application for remission of tax arrears
  • Cooperative tenants' right to a dwelling

Spouse's rights

The spouse and other relatives of the testator who lived with him until the day of his death are entitled to use within three months of opening the inheritance of the apartment and home appliances in the current scope. The testator's order disabling or restricting this entitlement is invalid.


Lease after tenant's death

Entering the lease after the tenant's death is regulated in a special way. In the event of the tenant's death, the tenant is entered into by a spouse who is not a co-tenant of the premises, the children of the tenant and his spouse, other persons towards whom the tenant was required to provide maintenance, and a person who was actually living together with the tenant. However, the condition for entering into a tenancy is permanent residence with the tenant at the time of his death. In the absence of authorized persons, the rental relationship expires.