Inheritance - legal advice

Inheritance law

ATTENTION! automatic translation from Polish


heirdom



Who inherits if there is no will?

legal status from June 28, 2009

ATTENTION!!!

On April 2, 2009, an amendment to the Civil Code was adopted, pursuant to which the statutory inheritance rules were changed. This applies to inheritances opened from June 28, 2009 (the date of the testator's death counts).

Inheritance when the testator had children (biological or adopted)

In the first place, they inherit the testator's children and spouse, they inherit in equal shares. However, the portion attributable to the spouse may not be less than a quarter of the total estate.

Inheritance when the testator had no children (biological or adopted) but was married

In the absence of descendants, the testator (i.e. when there are no children, grandchildren, etc.) are called to inherit from the Act his spouse and parents. Then each parent who inherits in conjunction with the testator's spouse receives a quarter of the total inheritance. If one of the testator's parents has not survived the opening of the inheritance, the inheritance that would fall to him shall be given to the testator's siblings in equal parts. If the parent's paternity has not been established, the inheritance share of the testator's mother inheriting in the confluence with his spouse is half the inheritance. The inheritance share of the spouse who inherits in the confluence with the testator's parents, siblings and descendants is half of the inheritance. In the absence of descendants of the testator, his parents, siblings and their descendants, the entire inheritance falls on the testator's spouse.

Inheritance if the testator had no children (biological or adopted) or had no marriage

In the absence of descendants and the testator's spouse, the entire estate falls to his parents in equal parts. If one of the testator's parents has not survived the opening of the inheritance, the inheritance that would fall to him shall be given to the testator's siblings in equal parts. If any of the siblings of the testator did not survive the opening of the inheritance leaving descendants, the succession that would fall to him falls to his descendants.

Inheritance when the testator had no children (biological or adopted) or had no marriage or siblings and descendants

In the absence of descendants, the spouse, parents, siblings and descendants of the testator's siblings, the entire inheritance falls on the testator's grandparents. Grandparents inherit in equal parts (i.e. 1 for each grandparents). If any of the testator's grandparents did not survive the opening of the inheritance, the inheritance that would fall to him falls to his descendants. This share is divided according to the rules that apply to the distribution of inheritance among the descendants of the testator. In the absence of descendants of the grandparents who did not live to open the inheritance, the inheritance that would fall to him falls to the other grandparents in equal shares.

Inheritance when the testator has not been married or has no relatives inheriting under the Civil Code

In the absence of the testator's spouse and relatives appointed to inherit from the Act, the inheritance falls in parts equal to those of the children of the testator's spouse whose parents have not lived to the moment of opening the inheritance. In the absence of the testator's spouse, relatives and children of the testator's spouse, who are called to inherit from the law, the fall falls to the municipality of the testator's last place of residence as the legal heir. If the last place of residence of the testator in the Republic of Poland can not be determined or the last place of residence of the testator was abroad, the fall falls to the State Treasury as the statutory heir.


legal status before June 28, 2009

If there is no will, so-called statutory inheritance, i.e. based on the Civil Code. As part of statutory inheritance, three groups of heirs are distinguished:

  • I. First of all, they are called from the Act to inherit the children of the testator and his spouse; they inherit in equal shares. However, the portion attributable to the spouse may not be less than a quarter of the total estate.
  • If the child of the testator has not survived the opening of the inheritance, the inheritance that would fall to him falls to his children in equal parts. This provision shall apply accordingly to further descendants.
  • II. In the absence of ascendants, the testator is called to inherit his spouse, parents and siblings from the law. "
  • The inheritance share of each parent who inherits from the testator's spouse is a quarter of the total inheritance. If the parent's paternity has not been established, the inheritance share of the testator's mother inheriting in the confluence with his spouse is half the inheritance.
    III. In the absence of descendants and the testator's spouse, the entire estate falls to his parents in equal parts. If one of the testator's parents did not live

Testament and statutory inheritance

A testament to inheritance from a will will prevail over statutory inheritance. If the testator made a will, the will expressed in the will takes precedence over the provisions of the Act and is inherited by the persons indicated in the will. However, descendants (children, grandchildren etc.), the spouse and parents of the testator who would be called to inherit from the Act, are due if the entitled person is permanently incapable of work or if the descendant is entitled to a minor - two-thirds of the value of the inheritance share that would fall to him in the case of statutory inheritance, in other cases - half of the value of that share (reserved share).

For more information see chapter: legal concepts ---> reserved


Register of wills

The Testament Register has been in operation since October 5, 2011. It applies only to notarial wills and those which have been submitted to him. Registering is free. At the request of the testator, the entry in the register is made by a notary public. The register has no information about heirs, there is only information that the will was made.

After the testator's death, anyone can obtain information from the Registry through any notary public. All you need is a death certificate.

The advantage of the Registry is that the will will not be lost and it will be easy to find. In addition, you can also obtain information from foreign registers of wills that cooperate as part of the European Testament Registers Network (ARERT) Association. This applies to most European Union countries, as well as Russia.

  • it is voluntary - the will is registered upon application by the testator to any notary public
  • registering a will is free