In the Polish law of inheritance, the retainer has an crucial function as a means of protection for relatives of the deceased, who have been omitted from the will. It is an chance for those persons to get a certain proportion of the inheritance in order to warrant them a minimum share of the inheritance. The law designates a group of persons entitled to keep, including descendents, spouse and parents of the heir. However, what if the individual entitled to the retention besides dies before receiving the due amount? Is there any way to inherit this? The answer is below.
In accordance with Article 991 of the civilian Code, it constitutes a means of financial protection for a peculiar group of loved ones of the deceased who are not included in his last will. This is simply a cash benefit that allows eligible persons to analyse the equivalent of part of the value of the inheritance to which they would have been entitled if they had inherited on statutory terms. It is simply a kind of compensation to supply a minimum material safety for natural heirs who have been omitted from the will for various reasons.
Article 992 of the civilian Code sets out in item the method of calculating the maintenance, based on the value of the inheritance which would be due to the entitled individual if it were inherited under the Act. In calculating the maintenance value, account shall besides be taken of those persons who renounced the inheritance or were disinherited, thereby ensuring a fair distribution of the inheritance.
According to the provisions in question, only the chosen group of persons are entitled to the service: the succession, the spouse and the parents of the succession. The amount of retention varies according to the life situation of the authorized person. It is besides crucial to inherit the benefit claim, which ensures the continuation of legal protection for those closest to the inheritance.
The legal basis for inheriting a claim for a retainer is Article 1002 of the civilian Code, which lays down the conditions for the transfer of that claim to the heir of the individual entitled to the keeper. However, this inheritance is only possible for persons who could be regarded as entitled to keep after the first heir, which underlines its circumstantial character in the context of inheritance law.
Inheritance of the benefit claim is only available to those persons who, according to the rules, could be considered entitled to hold after the first inheritance. This means that not all heir can inherit this claim; this right is granted only to those who, at the time of the death of the first heir, fulfilled the conditions entitling to keep. As a result, this criterion limits the scope of persons who may inherit the claim, focusing on those who were closest to the first heir, specified as the succession, spouse or parents.
The value of the claim for an inheritance shall be determined on the basis of the amount that would be entitled to the deceased. In general, if the heir besides meets the retention criteria, this does not affect the size of the claim that is inherited. This means that there is no change in the value of the claim relating to the fresh rightholder but the transfer of the claim at the same amount as the deceased. This rule ensures continuity in financial protection, as planned by the legislator, focusing on the maintenance of resources within the household of the successionor, which underlines the social nature of the institution of care.
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