Legal succession is simply a procedure that determines the separation of assets of the deceased under the law of succession. They usually apply in the absence of a will, but can besides be utilized erstwhile a will has been drawn up. In specified a situation, there is simply a hazard that our assets will be taken over by the municipality or the Treasury.
Legal succession is simply a legally established way of distributing the property of a deceased individual after his death. usually happens when:
- The heir left no will,
- The will was declared invalid,
- None of the entitled heirs agree to the contents of the will.
Legal succession is common, and up to 90% of succession cases in Poland are carried out according to this mechanism. It is worth noting the crucial difference between the handwritten and notarial will.
The Testament takes precedence over statutory inheritance, due to the fact that it precisely defines the last will for the distribution of assets. In the case of a will, there is no regulation on persons who may be appointed as heirs.
The handwritten will is considered only if the property is to be divided proportionally. In turn, if we want to pass on certain goods to circumstantial people, we request a notarial will, prepared with the participation of a notary. Failure to comply with these rules results in the annulment of the will.
In the statutory inheritance there is simply a hierarchy of heirs that indicates who has precedence to inherit the property. According to the civilian Code, there are six groups of heirs:
- Marriage and children,
- Wife and parents,
- Married and siblings,
- Grandparents,
- Stepdaughters,
- The municipality and the Treasury.
The first in the hierarchy are the spouse and children who usually inherit equally, but that the part for the spouse must not be little than 25% of the property. If the kid is dead or refuses to inherit, the grandchildren take his place.
When the heir dies childless, the inheritance is shared between the spouse and the parents, with a minimum of 25% being given to the parents. If only the inheritance's parent remained and paternity was not established, she would have half the inheritance.
If there is no spouse or children, the wealth is shared equally between parents. If the parents are dead, the inheritance goes to the siblings who share it equally. They then inherit their children, or nephews and nieces.
Grandparents can besides inherit if they are the last surviving members of the family. If the descending grandparents are besides dead, their descendants get the right to inheritance.
In the absence of surviving household heirs, the state takes over the property. Then the municipality of the deceased’s last residence or the Treasury takes over the full estate, including home, valuables and money.
Dear reader, we remind you that all legal matters in this substance we compose about can be complicated and frequently require the aid of a lawyer. It's worth discussing it with a lawyer before taking legal action.
Contact us now. We'll review your case and see precisely what we can do about you. Our experts have already helped a number of clients who thought they were already in an impossible situation.
Attention! This article should be considered as a clue, a hint, not a prescription, how to solve your own problem. The legal opinion has no binding power for offices, courts, so we urge that legal matters be consulted straight with a lawyer. Each case is different and requires individual analysis.
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