Civil law allows for the anticipation of concluding an agreement to renounce inheritance. For its validity, it is essential to keep the form of a notarial act.
Lydia's 70. erstwhile her husband Joseph died, Lydia decided to settle her estates in case of death. Lydia and Joseph had 2 sons, Maciej and Mark. Marek runs a profitable business, while Maciej only works part-time due to wellness problems. The doctors told Maciej that in the future he would be faced with many hospitalizations and costly operations. Relatives are very close and supportive.
Lydia met with her sons and together they agreed that they had to deal with the succession. Lydia pointed out that she would like to hand over all of her assets in the event of Maciej's death, since he is expected to have various operations in the future. Mark admitted that specified a solution was just for him erstwhile his parents gave him a number of donations years ago. It was thanks to them that he managed to buy the vans he uses in the company.
Lydia offered Mark that the 2 of them would sign a waiver agreement. Mark approved this. They went to the notary to do this.
Key provisions on the waiver of inheritance
The statutory heir may, through a contract with the future heir, renounce his inheritance. Such agreement should be concluded in the form of a notarial act. This follows from Article 1048(1) k.c. For example, it is not possible to enter into an crucial agreement to renounce inheritance in oral form. Failure to keep the form of a notarial act results in the fact that the contract is not valid.
Resignation of inheritance may be limited to surrendering only the right to hold in full or in part (Article 1048 par. 2 k.c.). It is besides possible to renounce inheritance in the benefit of another person. The legislature has provided that the waiver of inheritance in favour of another individual is considered, in the event of doubt, a waiver provided that that individual inherits (Article 1048 par. 3) k.c.).
The waiver of inheritance shall besides include a progressive waiver unless otherwise agreed (Article 1049 paragraph 1). k.c.). How do you realize the concept of "resistent resignation"? These are his children, grandchildren, great-grandchildren, etc. The renouncer and his successors, including the waiver of inheritance, are excluded from inheritance as if they had not lived to see the inheritance open.
Amendment of the decision
Conclusion of an inheritance waiver agreement does not mean that relatives will not want to change their decision (for example in case of a change of household situation). It should be remembered that the inheritance waiver agreement may be amended at a later date. From government Civil code It follows that the waiver of inheritance may be waived by an agreement between the 1 who renounced inheritance and the 1 after whom the inheritance was renounced. The agreement should be concluded in the form of a notarial act.
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Daniel Głogowski
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What should be known about giving up the inheritance?
