Inheritance law is a branch of civil law that regulates the transition of property rights and obligations after the death of their owner. This means only that the law of succession defines the rules for the acquisition of rights and obligations arising from inheritance, including:
– the object of the inheritance (what we inherit),
– persons entitled to inheritance,
– persons entitled to acquire rights relating to the succession otherwise than by inheritance,
– principles of liability for debts under the succession.
Inheritance advocate explains what the institutions of inheritance law are
Inheritance law mainly defines the scope of rights subject to inheritance and the rules of acquiring inheritance rights. The current law distinguishes between two types of succession – succession by operation of law and succession by will. In a statutory succession, the inheritance is made by virtue of the inheritance law itself. The inheritance process does not therefore require any intervention by the testator. Testamentary succession is an optional way of coming to an inheritance that requires the testator to draw up a valid will.
Importantly, in the case of legal heirs who have not been included in the testator’s will, the institution of a legitimate portion applies. A legitimate portion is a peculiar mechanism for protecting heirs against completely arbitrary disposal of the inherited property by the future testator.
Introducing the institution of a legitimate portion, the provisions of the law of succession clearly define:
– the circle of persons entitled to receive the legitimate portion,
– the circle of persons obliged to pay the legitimate portion,
– rules for inheriting a legitimate portion ,
– finally, the statute of limitations for a claim for payment of a legitimate portion.
Legitimate portions are an important part of inheritance law, and with more and more assets being left to heirs, courts in large cities such as Warsaw are hearing more and more such cases, which are becoming increasingly complex.
Inheritance law and division of the estate
The provisions of the inheritance law do not impose on the heirs the obligation to carry out a division of the inheritance property, which they became co-owners of when the inheritance was opened. However, the division of the inheritance is a practical solution that allows to end the state of co-ownership, sometimes significantly hindering the use of property,
Depending on the relationship between the heirs, the division of the estate may take the form of a contractual division or a judicial division. A contractual division is a division made by way of an agreement between all heirs. The agreement between the heirs can be concluded in any form, unless the inheritance includes real estate. Then it is necessary to make a partition of the inheritance in the form of a notarial deed.
Ask an inheritance advocate: when to get professional help?
An inheritance advocate is a specialist who can be called upon both for advice and when there is reason to believe that a will left by a testator is invalid.
The professional support of a good estate advocate is worth taking advantage of:
– when making a will,
– when we are unsure of our own legal position,
– we have a problem in determining the circle of persons entitled to inheritance,
– we want to obtain a declaration of inheritance or a certificate of inheritance,
– we plan to carry out a contractual or judicial division of the estate,
– in inheritance cases (the advocate will then represent you in court).
Inheritance law – advocate in Warsaw
Our firm has experience in handling inheritance cases. We offer advisory services in matters related to making a will and applying for the right to inheritance. We also provide assistance in handling cases of division of inheritance. We operate not only in Warsaw – we welcome clients from all over Poland.