Inheritance Rights Acquisition Rules in Poland

The Right to Inheritance in Poland Has a Constitutional Character

According to Article 21 of the Polish Constitution, the Republic of Poland protects ownership and the right to inheritance. Expropriation is only permissible when carried out for public purposes and with fair compensation.

Furthermore, under Article 64 of the Polish Constitution, everyone has the right to ownership, other property rights, and the right to inheritance. Ownership, other property rights, and the right to inheritance are equally protected by law for all. Ownership may only be limited by law and only to the extent that it does not infringe on the essence of the right to ownership.

An inheritance is opened at the moment of the testator’s death. The heir acquires the inheritance at the moment the inheritance is opened. According to the judgment of the Supreme Court of October 26, 2006 (case no. I CSK 178/06), the acquisition of an inheritance by the heir (heirs) occurs by operation of law at the moment the inheritance is opened. This means that if a third party does not challenge the status of the heir, there is no need to prove this status by obtaining a declaration of inheritance acquisition.

Statutory inheritance under Polish law applies to the entire inheritance when the testator has not left a will or when none of the persons named in the will wish or are able to become heirs.

It is permissible to inherit part of an estate based on statutory law and part based on a will, but only if the testator has designated an heir in the will for part of the inheritance (within the meaning of Article 959 of the Polish Civil Code) without making other dispositions.

According to Polish law, a natural person who is not alive at the moment of the inheritance opening cannot be an heir, nor can a legal person that does not exist at that time. However, a child conceived at the time of the inheritance opening can be an heir if it is born alive.

Additionally, an heir may be deemed unworthy of inheritance if they have forged the testator’s signature on a document confirming the content of an oral will or benefited from such a document (see: OSNC 2003/5/69, Biul.SN 2002/10/16, M.Prawn. 2003/2/78).

A court may declare an heir unworthy if:

they have intentionally committed a serious crime against the testator;
they have fraudulently or coercively influenced the testator to draft or revoke a will or have prevented them from doing so in the same manner;
they have intentionally hidden or destroyed the testator’s will, forged or altered it, or knowingly benefited from a will that was forged or altered by another person.

An unworthy heir is excluded from inheritance as if they had predeceased the testator.

Anyone with an interest in the matter may request the court to declare an heir unworthy. This request can be made within one year from the date the person learned of the reason for unworthiness, but no later than three years from the inheritance opening.

An heir cannot be declared unworthy if the testator has forgiven them. If, at the moment of forgiveness, the testator lacked legal capacity, the forgiveness is effective if it was made with sufficient discernment.

dr Joanna Suslo, Attorney-at-law
E-mail: [email protected]
Mobile WhatsApp 24/7: + 48 668 841 990
Inheritance in Poland

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