Intestacy rules Poland

Intestacy rules Poland

According to Polish law, inheritance is a process in which the estate of a deceased person passes to their heirs. Although the rules of inheritance are defined by regulations, in practice, it can be complicated, especially in cases of inheritances with multiple heirs, several wills, or inheritance by foreigners.

The first stage of inheritance in Poland is determining the circle of heirs. According to Polish law, heirs are persons who have been designated to inherit in a will or, in the absence of a will (or its invalidity), persons entitled to inherit under statutory succession. In the absence of a will, the closest relatives of the deceased are included in the inheritance.

Statutory inheritance occurs in an order strictly defined by the provisions of the Polish Civil Code. In short, this can be presented as follows:

– In the first place, the regulations provide for the inheritance of children (or further descendants – grandchildren, etc.) and the spouse;
– In the absence of descendants, the spouse and parents of the deceased are called to inherit by law;
– If one of the parents of the deceased did not survive the opening of the inheritance, the inheritance share that would have gone to them goes to the siblings (or the descendants of the siblings) of the deceased in equal parts;
– In the absence of descendants, spouse, parents, siblings, and descendants of the siblings of the deceased, the entire estate goes to the grandparents of the deceased; they inherit in equal parts.

The second stage of inheritance is the distribution of the estate among the heirs. According to Polish law, inheritance can be done in several forms, such as statutory inheritance, testamentary inheritance, or inheritance with the benefit of inventory. In the case of statutory inheritance, the estate will be divided among the heirs according to the rules specified in the law, taking into account the degree of kinship with the deceased.

It is worth knowing that the order of statutory inheritance can be changed by making a will. As a rule, it does not require the form of a notarial deed, although in some situations it is mandatory, for example, if the testator, through a so-called specific bequest, wants a specific part of the estate to go to a designated person. When making a will, a notary will always explain all the legal consequences associated with this act.

Testamentary inheritance takes precedence over statutory inheritance and allows the testator to freely dispose of their estate.

To obtain more information about inheritance in Poland and the rules of succession, arrange a legal consultation with an inheritance lawyer.