Why should the inheritance case take place in Poland and not in other countries?
Why should the inheritance case take place in Poland and not in other countries?
The Polish court has jurisdiction over inheritance cases if the testator at the time of death was a Polish citizen or had his place of residence or habitual residence in the Republic of Poland, and also if the estate property or a significant part of it is located in the Republic of Poland.
The time of the testator’s death is appropriate for the assessment of citizenship in a case of confirmation of the acquisition of the inheritance in Poland. The document confirming the testator’s citizenship is his identity card, passport or a decision confirming the possession of Polish citizenship.
Habitual residence is the place where a person usually lives and where the main center of existence is located. The acceptance of a place as a habitual residence is determined by facts such as the duration and regular presence of the person in a given country, as well as the reasons for such presence which indicate a close and stable connection with the country in question.
For example, establishing that the testators died in Poland, where they lived and owned property for a long time, can justify the presumption of citizenship, and in the light of art. 1108 § 1 of the Code of Civil Procedure, the jurisdiction of Polish courts is also justified by the fact that the testator has a place of residence or permanent residence in the Republic of Poland.
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Inheritance in Poland