Ministry of Justice: faster inheritance law procedures

The President of the Republic of Poland, Andrzej Duda, signed the amendment to the Civil Code prepared by the Ministry of Justice. Thanks to the new regulations, probate procedures are shortened and the legal certainty of heirs is increased.

With the amendment, the law of inheritance is adapted to the actual family relationships. Lengthy searches for distant relatives of the deceased, who often do not even realize that they have died, will no longer be necessary. The effect of the new regulations will therefore be a much faster inheritance procedure, argues the Ministry of Justice.

Organizing and speeding up procedures

The reform concerns the third group of inheritance – the testator’s grandparents, as well as their descendants, ie descendants. The circle of heirs in this group was reduced to grandparents, siblings of the testator’s parents and their children. Under the new regulations, grandchildren, nephews and nieces, as well as further generations, who often have no actual relationship with the testator, were excluded from succession. Consequently, if one of the testator’s grandparents dies before the testator, the portion of the inheritance that would have been due to him will be divided equally between his children. However, if such a situation concerns the children of the testator’s grandparents (his uncle or uncle), the inheritance will fall equally to their children.

The amendment also introduces new grounds for inherited invalidity. Persons who have persistently evaded the obligation to pay maintenance to the testator may be excluded from inheritance. This also applies to persons who constantly evade the care of the testator.

Facilities for minors

In the case of minors and incapacitated persons, the consent of the guardianship court may be required to submit a statement of acceptance or rejection of the inheritance. The amendment assumes that in such situations the applicable deadline of six months for submitting such a statement will be suspended for the duration of the permit procedure.

Thanks to this solution, minors and incapacitated persons will no longer be saddled with inheritance debts due to formal issues beyond their control. At the same time, the amendment stipulates that in order to meet the legal deadline for submitting a declaration of acceptance or rejection, it is sufficient to submit a petition to the court before the deadline expires. This is a way to meet the expectations of the heirs.

Source: Do Rzeczy