Legal succession is simply a process of division of assets after the heir's death, regulated by the civilian Code. It usually happens erstwhile the deceased has not left a will. However, even if there is simply a will, statutory succession may enter into force if the will is declared invalid or all heirs reject it. In specified situations, the property may go to the municipality or the Treasury.
What is statutory inheritance?
Legislature is the way the property is divided, which occurs in situations where:
- The heir didn't make a will.
- The will was declared invalid.
- None of the eligible heirs accepted the will.
In Poland, statutory succession is applied in over 90% of succession cases. According to a survey conducted by Kantar in 2021, only 8% of people over 45 years of age wrote a will. The popularity of wills remains low, making statutory succession the dominant way of distributing assets.
It is worth remembering that a handwritten will is only valid if the property is divided by a percentage. If we want to pass on circumstantial items to circumstantial persons, a notarial will is required in the presence of a notary.
Order of statutory succession
The civilian Code designates six groups of heirs who are entitled to statutory inheritance. These groups shall be ranked from the most entitled to the least entitled. The order of statutory succession is as follows:
- Marriage and children
- Married couple and parents
- Married and siblings
- Grandparents
- stepdaughters
- Municipality and Treasury
Legislative Heritage: matrimony and Children First
First, the property of the heir inherits the spouse and children who receive it in equal parts. In this case, the spouse's share of the assets shall not be little than 25% of the total. In a situation where a kid has died or rejected the inheritance, his share passes on to his descending, or children.
If the heir had no children, the property was divided between the spouse and parents of the deceased. In specified a situation, parents are entitled to at least 25% of their assets. If 1 parent is dead, the another is entitled to half the inheritance.
Where the heir has no spouse or children, the property shall be transferred to parents who divide it in half. Next in line are the brothers and sisters of the deceased, and their shares are equal. They are the heirs of their children, or nephews and nieces of the heir.
Your home can take over. How does statutory inheritance work?
The statutory succession besides includes a further household of heirs, specified as grandparents, who can inherit property from their grandson, sharing it in half. In the event of their death, the law of inheritance passes to their descending.
The stepchildren besides have the right to inherit if they are the only surviving close heirs. However, if they do not live to open the inheritance, their right to inherit does not pass on to their descending ones.
In the absence of heirs from these groups, or in the event of the rejection of a will by all entitled persons, the property shall be transferred to the Treasury. In this case, the full inheritance, including property, money, valuables or a car, falls to the municipality of the deceased's last residence. However, if it is not possible to find the competent municipality or erstwhile the deceased lived abroad, the full property is transferred to the Treasury.
Summary
The legal succession in Poland regulates the division of inheritance assets in situations where the will has not been drawn up or declared invalid. The civilian Code defines the order of heirs, from the immediate family, specified as a spouse and children, to further persons specified as grandparents, stepchildren, and yet a municipality or Treasury. Legislative succession plays a key function in Polish law of succession, due to the low popularity of drawing up wills. So it is worth knowing his principles to be able to consciously plan the future of his property.
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.You have questions or request aid – welcome to contactOh, my God!
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Legal succession: Distribution of assets by inheritance
