Inheritance - legal advice

Inheritance law

ATTENTION! automatic translation from Polish


Selected judgments regarding inheritance law


Resolution of the composition of seven judges of the Supreme Court - Civil Chamber of April 28, 1973 - reference number III CZP 78/72

 The personal will (art. 949 of the Civil Code) contained in the testator's letter to the heir, signed in a manner specifying only the family relationship of the testator to the heir, is valid if the circumstances do not raise doubts as to the seriousness and intention of such disposition.


Resolution of the composition of seven judges of the Supreme Court - Civil Chamber of 5 June 1992, reference number III CZP 41/92

 The testator's signature in his own will (Article 949 § 1 of the Civil Code) should be made under pain of nullity under the letter containing the disposition of property upon death.


order of the Supreme Court - Civil Chamber of 16 April 1999, reference number II CKN 255/98

 The basis for inheritance can be a handwritten will that has gone missing. The fact of its preparation, validity and content of the ordinances must be proved in the course of the proceedings for confirmation of the acquisition of an inheritance.


order of the Supreme Court - Civil Chamber of November 26, 2004, reference number I CK 306/2004

 As a rule, for a manual will to be considered valid, it must be written by the testator in full handwriting, signed by him and dated, but the effect of entering the date after the testator's signature by typewriter does not invalidate this type of will.


Resolution of the Supreme Court - Civil and Administrative Chamber of 20 January 1984, III CZP 69/83

 A testamentary disposition, in which a record of the use of the property has been made, does not constitute a sufficient basis for entering this limited property right in the land and mortgage register. To make such an entry, you need a document containing a declaration of the heir burdened with the heir's appointment to the legatee, drawn up in the form of a notarial deed.


Order of the Supreme Court - Civil Chamber of 8 January 2002, I CKN 482/2000

 The legal effects of the cancellation of a will and the cancellation of a will canceling the will are made when the inheritance is opened, except that the cancellation of the canceling will will not restore the effectiveness of the first canceled will.


Order of the Supreme Court - Civil Chamber of 13 June 2001, II CKN 543/2000

 The determination of the heir by way of interpretation of a will is only possible if there are clear criteria in the will to determine the will of the testator in a way that is beyond doubt.


Judgment of the Court of Appeal in Warsaw of 19 August 2005, VI ACa 302/2005

 According to the content of art. 1009 of the Civil Code, the reason for disinheritance of a reserved shareholder should result from the content of the will. It does not have to be clearly stated, but the content of the will should make it possible to establish this reason. Disinheritance is ineffective if its reason is not apparent from the content of the will, even if in fact the reason for disinheritance was.