Who can inherit a farm in Poland?

Who can inherit a farm in Poland?

According to Polish law, an agricultural farm is considered to be agricultural land, together with forest land, buildings or parts thereof, equipment and livestock, if they constitute or may constitute an organized economic unit, and rights related to the running of the farm.

In other words, a farm will be farmland, forests, farm buildings, animals, and equipment used in production-for example, farming or livestock-if they are functionally connected and used for common management. Examples of farms include, but are not limited to, typical farm fields, farms, cattle or pig farms.

Currently, there are two legal orders in the Polish legal system:

1. the first legal order applies to inheritances opened until February 14, 2001, i.e. it applies to the inheritance of inheritances of persons who died before February 14, 2001.

If the farm in Poland is no larger than 1 hectare in area, then in such a situation there are no restrictions on the inheritance of a Polish inheritance. However, if the inheritable farm is larger than 1 hectare, then in such a situation the heir at the time of the testator’s death will have to meet at least one of the following requirements:

– constantly works directly in agricultural production, or
– has vocational training for agricultural production, or
– is a minor or is receiving vocational training or attending schools, or
– is permanently incapacitated for work.

The first to inherit from the testator are his children and spouse. And it is from this group of people that the search should begin for a potential heir or heirs to the farm, who will meet at least one of the requirements indicated above. The second group of persons potentially able to inherit from the testator in Poland are his parents. If none of these people meet the conditions, then further relatives are sought.

2. the second order of law applies to inheritances opened on and after February 14, 2001, i.e. it applies to the inheritance of inheritances from persons who died from February 14, 2001 up to and including the present day.

The restrictions on the inheritance of farms in Poland no longer apply here, and the circle of heirs is determined on the basis of the general rules of inheritance.

It is worth knowing that the easiest way to avoid future problems related to determining who will inherit a farm in Poland will be to settle this issue in advance in a will. For the inheritance of a farm on the basis of a validly drafted will will be no different from the inheritance of other assets of a given testator.