ATTENTION ! Automatic translation from Polish
In its ruling of July 31, 2025 (I CSK 1992/24), the Supreme Court addressed the conditions for the institution of disinheritance.
The ruling clearly stated that a testator may only invoke the statutory conditions specified in Article 1008 of the Civil Code, but must indicate the specific conduct of the heir that meets them. Disinheritance is effective only if the heir is solely responsible for the severance of contact and the cessation of the emotional bond. Simply repeating the content of the provision, without specifying the facts that would meet the conditions of the aforementioned provision, is not sufficient. The Supreme Court also recalled its earlier ruling of January 12, 2018 (II CSK 561/17), in which it emphasized that the testator must indicate specific behavioral patterns of the heir that meet the statutory requirements for disinheritance. This is a necessary condition for assessing whether these requirements actually existed.
In the case at hand, the courts of both instances determined that the severance of family ties was a consequence of the testators’ reprehensible conduct, not the heir’s. Therefore, the testators could not effectively disinherit – under the established circumstances, the sole burden of fault for severing family ties rested with them.
This ruling is significant for heirs who, in accordance with the general principles of inheritance law, acquire the right to inherit, but the testator attempts to deprive them of this right. The court clearly stated that such attempts will be ineffective. Disinheritance proceedings are, in principle, contentious proceedings involving opposing legal interests. Therefore, the burden of proving the relevant facts will rest with the party seeking to derive beneficial legal consequences from them. It is advisable to seek professional legal assistance in such matters, both at the stage of analyzing the chances of success in light of the evidence available to the client and in developing an effective litigation strategy.a