prawo spadkowe - KJS LEGAL Attorney-at-law Wroclaw, Poland

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.

We encourage you to contact directly our laywers specialized in inheritance cases:

Inheritance Lawyer Joanna Susło

KJS Legal Law Firm in Wrocław

https://inheritanceinpoland.com

Tel. 668-841-990

[email protected]

Advocate – Wrocław – KJS Legal – Lawyer

Inheritance Rights Acquisition Rules in Poland – Inheritance in Poland – legal services

How to Interpret a Testator’s Will from Poland? – Inheritance in Poland – legal services

Will written under duress

The role of a lawyer in inheritance cases is sometimes to help verify that the will submitted in the course of inheritance proceedings is valid. This is important because the will is crucial to the rules of inheritance.

According to Article 945 of the Civil Code, a will is invalid if it was made:

in a state that precludes conscious or free decision-making and expression of will,
under the influence of a threat.
Courts of inheritance emphasize in their judgments the so-called will to testify, i.e. the will and consciousness to perform a legal act in the event of death, such as writing a will. The absence of the will to testify makes the will not exist at all. The testator-testator must include in his consciousness the fact of regulating the fate of his property for the time after his death.

The testator-testator’s drawing up of a will only to free himself from the intrusive requests of some person is, as a rule, judged to be an action without the will to testify. Thus, the act performed – the written will – will not be valid.

The testator-testator’s statement of intent is conscious if there was no disturbance of consciousness at the time of making the will, and the testator clearly and distinctly realizes that he is making a will with a certain content. The statement is free if the testator is not guided by intellectual motives or emotional motives of a morbid nature, is not under the dominant influence of anyone’s suggestion and retains an inner sense of freedom of action.

Therefore, if the will was written under duress, it should be considered invalid, and the person – who forced the testator to write such a will – will be excludable from the inheritance by declaring him unworthy of inheritance (Article 928 of the Civil Code).