Divorce divorce usually ends joint property and individual rights, transforming erstwhile partners into legally unrelated individuals. In most situations, it excludes the anticipation of inheriting assets. However, there are circumstances erstwhile a divorced spouse may become an heir. What are these exceptions, and what is worth knowing about the law of inheritance after divorce?
Divorce and Legacy
If a deceased individual has not left a will, his property is transferred in accordance with statutory regulations. Polish civilian law specifically defines the ellipse of persons entitled to inherit and the rules governing the division of inheritance. According to applicable standards, the first line of inheritance is the children of the deceased and the spouse who receive equal portions of the property. If the deceased had no offspring, his property was inherited by the spouse along with the parents of the deceased.
However, these rules do not apply to persons who are divorced. Divorce has a crucial influence on inheritance issues – it excludes the anticipation of inheriting property after an ex-wife. This besides excludes the right to receive custody, or part of the inheritance, after the deceased ex-wife.
Is the spouse of a divorce heir?
In Polish law, issues of inheritance after divorce are governed mainly by the civilian Code. Under the law, after the divorce, a erstwhile spouse is not entitled to legal succession after his ex-wife. Articles 931 to 940 of the civilian Code lay down rules for statutory succession. It follows that the spouse is 1 of the statutory heirs, but only erstwhile he is married to the deceased at the time of his death. After the divorce, the matrimony bond ceases, resulting in the failure of statutory heir status.
A erstwhile spouse may inherit if indicated as heir in the will. Divorce does not invalidate the will unless it indicates that the heir intended to include the spouse with whom he is presently divorced.
Divorce besides dissolves property union, which means that after divorce, spouses have no common property that could be inherited. It is besides worth remembering that if, during the marriage, the spouses have drawn up a joint will (recovery record), this evidence may stay valid even after the divorce if it meets the legal requirements.
Inheritance after divorce with judgement of guilt
Whether the divorce was with a judgement of guilt or without a judgement of guilt, the erstwhile spouse loses the right to legal succession. After the dissolution of the marriage, it does not substance who was found guilty of the distribution of life – the erstwhile spouses lose the position of statutory heirs. In specified a situation, the erstwhile spouse is besides not entitled to custody, as he is only entitled to the closest household members specified as children, spouses (present) and parents of the deceased. After the divorce, erstwhile spouses cease to be a household within the meaning of inheritance law.
Inheritance from the spouse before the divorce ruling
If the spouse has died before the decision on divorce or separation has passed, the succession situation is different from that after the decision has been finalised. In this situation, the spouse is formally married until the death of 1 of the spouses. In addition, if the court ruling ending the matrimony failed to enter into force before the death of 1 of the spouses, the another spouse is inactive considered entitled to inherit. It doesn't substance if the deceased was the initiator or the opposing organization in the divorce case.
Do children inherit inheritance from their parents' divorce?
According to the civilian Code, children have the right to inherit from their parents whether they are married, divorced or never married. Children's share of the inheritance is equal. If the deceased's spouse is alive, the spouse's share is 1 4th (1/4) of the inheritance, and the remainder is shared equally between the children. If the deceased was divorced, the full inheritance is shared equally between children.
Under certain circumstances, a kid may be considered unworthy of inheritance, resulting in the failure of the right to inheritance. However, this is an exceptional situation and requires appropriate judicial proceedings. Children besides inherit from their parents who live in a concubinet or remarry. In that case, the succession takes place on a general basis and the fresh spouse of the parent becomes 1 of the statutory heirs.
Summary
Divorce has a crucial effect on the inheritance of property from a erstwhile spouse. According to Polish civilian law, the divorced spouse loses the right to legal inheritance and maintenance. The exception is that the deceased spouse identified the erstwhile spouse in the will as heir. It is crucial that persons who are planning to divorce or who are in the process of divorce search legal advice to realize all the legal consequences of inheriting assets.
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The information on the website is simply a description of the legal position at the date of publication and is not a legal advice on an individual case. The legal position of publication may change. The law firm is not liable for utilizing an alert to solve legal problems.More here:
Inheritance after divorce. Exceptions and key aspects of succession law
