Inheritance - legal advice

Inheritance law

ATTENTION! automatic translation from Polish


Salary from the legatee.

According to the jurisprudence of the Supreme Court, the heirs are entitled to a claim for remuneration for the legatee's use of an item marked as to the identity, which is the subject of the ordinary record, for the period until the claim for the record is due (resolution of 27 August 2015 - III CZP 46/15). This applies if the subject of the subscription was already in the possession of the legatee before the will was announced. It is only when the will is announced that the legatee may demand that the entry be made (Article 970 of the Civil Code).

It was disputed, however, whether the period for which the legatee has to settle ends when the court dispute is over or when the legatee makes a request to subscribe. The Supreme Court in a decision of 10 July 2019 (reference number V CSK 228/18) confirmed that heirs may demand remuneration from the legatee for using the subject of the subscription, but only until he claims it. The legatee cannot bear the consequences of too long a process of issuing the subject of registration

Ref. No. III CZP 46/15

Rejection of the inheritance does not transfer the right to a reserved share to the child.

The Supreme Court has established that in the event of testamentary inheritance, only specific persons - specific statutory heirs - are entitled to the reserved portion. They cannot "transfer" the reserved portion to their children by making a declaration of rejection. This could, in certain cases, give rise to unjustified privilege of these children over the will. It is known that minors may demand a reserved share of 2/3 of their inheritance share, while their adult parent only 1/2 of the inheritance share.

Ref. No. III CZP 23/19