Court order confirming acquisition of inheritance – can it be changed?
In practice, there are many cases where, several years after the death of the testator, his will was found – not disclosed in the course of the proceedings for confirmation of the acquisition of an inheritance. In such situations, the question arises: can the decision on the inheritance purchase be changed? Can a will finder who inherits on the basis of a will do something despite not having participated in the previous proceedings?
The provisions of the Code of Civil Procedure in Poland provide the opportunity in such a situation to submit an application for amendment or revocation of the order for confirmation of the acquisition of an inheritance. Such an application may be submitted by anyone who has the right to request the ascertainment of the purchase of an inheritance pursuant to art. 669 of the Code of Civil Procedure in Poland. The application does not have to contain a request as to the inheritance or the size of the shares of individual heirs. It should, however, include an indication of the circumstances justifying the existence of grounds for amending or repealing the existing order on the finding of inheritance.
Importantly, if the heir did not take part in the first proceedings for confirmation of the acquisition of an inheritance, his application to amend this provision is not limited by any time limit.
KSJ Legal Law Firm handles many matters of inheritance law, including those related to wills. We advise at every stage of the proceeding, starting from an attempt to resolve the matter amicably (when there is a conflict between family members regarding assets, inheritance and inheritance) as to obtaining a final settlement and enforcement before law enforcement authorities.
Inheritance Lawyer Joanna Susło
KJS Legal Law Firm in Wrocław
Advocate – Wrocław – KJS Legal – Lawyer