Inheritance in Poland - General provisions for succession - Lawyer in Poland
Concept.
Property rights and obligations of the deceased pass, upon his death, to one or several persons in accordance with the provisions of this book. Succession does not include the deceased's rights and obligations that are strictly and personally related to him or rights which, on his death, pass to specified persons irrespective of whether they are heirs. Succession debts include the costs of the deceased's funeral to the extent to which the funeral is customary in the given milieu, costs of the succession proceedings, the obligation to satisfy claims for legitim (forced share) and the obligation to carry out legacies, bequests, devises and instructions, and other obligations provided for in this book.
Relatives' right to reside.
The spouse and other relatives of the deceased who lived with him until the day of his death have the right to use, for three months from the succession being opened, the accommodation and household facilities as formerly. Any disposition of the deceased excluding or limiting this right is invalid.The above provisions do not limit the rights of the spouse and other relatives of the deceased which result from tenancy of premises or from a cooperative right to premises.
Opening.
Succession is opened on the death of the deceased.
Acquisition.
Estate is acquired by an heir on the opening of the succession.
Title to succession.
Title to succession results from the law or from a will (testament). Statutory succession to the entire estate takes place if the deceased did not name an heir or if none of the persons he named wish to or can be an heir. Subject to the exceptions provided for by the law, statutory succession to part of the estate takes place if the deceased did not name an heir for that part of the estate, or if any of the persons named by him to succeed to the entire estate do not wish to or cannot be an heir.
Capacity to succeed.
A natural person who is not alive at the time the succession is opened and a legal person which does not exist at that time cannot be an heir. However, a child that has already been conceived when the succession is opened can be an heir if it is born alive.A foundation established by the testator in a will can be an heir if it is entered in the register within two years of the will being read.
Unworthiness.
An heir may be declared by a court unworthy to succeed if:1) he intentionally committed a serious crime against the deceased;2) by deceit or threat, he incited the deceased to draw up or revoke a will or in the same manner prevented himfrom performing one of these acts;3) he has intentionally concealed or destroyed a deceased's will, forged it or altered it or has knowingly benefitedfrom a will forged or altered by another person.§ 2. An unworthy heir is excluded from succession as if he does not live to the opening of the succession.
Declaration of unworthiness.
Anyone who has an interest in doing so may demand that an heir be declared unworthy. Such a demand may be made within a year of the day on which the person learns of the cause for the unworthiness, though no later than three years after the succession is opened.
Pardon.
An heir cannot be declared unworthy if the deceased had pardoned him.If, at the time of the pardon, the deceased did not have capacity for legal acts, the pardon is effective if it was given with sufficient awareness.