If the inheritance was accepted due to an error, it can be waived with the consent of the court. However, the Supreme Court in its decision of May 13, 2024 (I CSK 362/23) recalled that in the event of application of Art. 84 CC based on the references contained in Art. 1019 CC It is justified, due to the specificity of accepting an inheritance – both in relation to an error of law and an error of fact – to modify the circumstances that led to the error. The fact that the effects of accepting an inheritance are not limited only to the legal sphere of the heir, but have a strong impact on the legal relations of many other people, argues for making the legal significance of an error dependent on the application of Art. 1019 CC not only that it concerns the content of accepting the inheritance and is significant, but also that it does not result from the heir’s failure to exercise due diligence. Therefore, an error regarding the subject of the inheritance can be said to occur when the lack of knowledge about the actual state of the inherited assets is not the result of the heir’s lack of diligence, or, to put it another way, it is justified by the circumstances of the case.
Menu
- inheritance law
- inheritance
- testament
- statutory inheritance
- heirs
- record and testamentary order
- debt collection records
- legitim
- inheritance in OFE and ZUS
- cross-border inheritances
- public succession register
- inheritance contracts
- what and where to do
- inheritance tax
- glossary
- rules
- jurisprudence
- news
- contact