The Firm provides comprehensive legal assistance in the field of inheritance law. We help to organise the formalities relating to the acquisition of inheritance rights and the division of the estate. We also take action to protect heirs from acquiring an indebted inheritance.
The scope of our services includes in particular:
- providing legal advice in inheritance matters,
- drafting applications for a declaration of acquisition of inheritance and applying for a notarial deed of succession,
- preparing pleadings, including statements of claim and appeals,
- representing parties in court proceedings in inheritance matters,
- carrying out the out-of-court division of the estate.
POINT 1. DECLARATION OF ACQUISITION OF INHERITANCE AND DEED OF SUCCESSION
A declaration of acquisition of inheritance is the basic inheritance procedure, the purpose of which is to establish who has acquired the rights to the estate of a given testator. In essence, the court determines the circle of persons entitled to inherit the property of the deceased, which orders the legal situation following the death. It is a non-contentious procedure, initiated upon the application of an interested party.
As part of our services, the Firm:
- drafts the relevant pleading, i.e. the application for a declaration of acquisition of inheritance,
- after an initial consultation, establishes the circle of heirs — which may follow from statute, in which case the deceased's closest relatives inherit, or from a will, under which persons unrelated to the testator may also be called to inherit,
- establishes the basis of inheritance and what forms part of the estate,
- represents clients in the proceedings once initiated.
Our Firm also assists in confirming inheritance rights more quickly through the procedure of a notarial deed of succession. For this purpose we cooperate with trusted notarial offices.
POINT 2. RESERVED SHARE (ZACHOWEK)
The Firm handles matters relating to the reserved share. This institution protects persons omitted from the testator's will who belong to the statutory circle of heirs. We help our clients to establish the circle of entitled persons — the testator's descendants, parents and spouse — and to obtain the financial compensation due to them from those who acquired the estate by virtue of the will, a specific bequest or a gift. The relatives indicated above are entitled to claim from the heirs one half of the inheritance share that would have fallen to them on intestate succession, while entitled persons who are minors or permanently unable to work — the equivalent of two thirds of that share.
It should be noted that the right to claim a reserved share does not apply to relatives disinherited by the testator or to those who renounced inheritance by an agreement concluded with the testator in the form of a notarial deed.
Unlike the declaration of acquisition of inheritance, pursuing a reserved share takes place in contentious proceedings, where the entitled person is the claimant and the person from whom payment is sought is the defendant. Claims for a reserved share become time-barred after five years from the announcement of the will, so the lawsuit must be brought before the court within this time limit.
POINT 3. DIVISION OF THE ESTATE
A declaration of acquisition of inheritance only establishes the circle of heirs and the size of their shares; it does not divide the specific assets. This is the purpose of the division of the estate, by which individual items — real property, vehicles, funds in bank accounts or shares in companies — are allotted to particular heirs. The division can be carried out by agreement, where the heirs are in accord, or by the court, where agreement is not possible. The Firm prepares draft settlements, represents parties in negotiations and in court proceedings for division of the estate, and advises on mutual repayments and additional payments between heirs.
POINT 4. ACCEPTANCE OR REJECTION OF THE INHERITANCE
An inheritance consists not only of assets but also of the deceased's debts, which makes the decision on how to accept it important. A declaration accepting or rejecting the inheritance may be made within six months of the day on which the heir learned of the title to their inheritance. Failure to make a declaration within this period generally means acceptance of the inheritance with the benefit of inventory, that is, with liability for debts limited to the value of the estate's assets. We help assess the state of the estate, file the appropriate declaration on time and — where the inheritance is encumbered with debts — protect the interests of the heirs, including minors.
When to seek help
It is best to consult an inheritance lawyer as early as possible, especially where the deadlines for rejecting an inheritance or pursuing a reserved share are involved, as these cannot be extended. The sooner we establish the legal and factual situation of the case, the more effectively we can protect your rights. The Firm handles inheritance matters in Warsaw and throughout Poland, and offers consultations in eight languages.