Inheritance law

The death of a loved one makes it necessary for the family to face legal issues related to the estate left by the deceased. These matters are governed by the law of succession, which is a branch of civil law. They are characterised by varying degrees of complexity, depending on a number of factors such as the degree to which the legal status of the deceased’s estate has been regulated (the deceased may have left his estate in disarray), the number of heirs, whether or not they know where they live, whether or not there is a will, and finally the size and composition of the estate left (movable and immovable property, bank accounts, etc.), and whether or not it is encumbered with debts. Resolving these issues efficiently requires legal knowledge and experience, such as that of advocate Maciej Kacprzak, who can effectively guide his client through the meanders of inheritance law and help him cope with this difficult situation.

Inheritance law

The death of a loved one makes it necessary for the family to face legal issues related to the estate left by the deceased. These matters are governed by the law of succession, which is a branch of civil law. They are characterised by varying degrees of complexity, depending on a number of factors such as the degree to which the legal status of the deceased’s estate has been regulated (the deceased may have left his estate in disarray), the number of heirs, whether or not they know where they live, whether or not there is a will, and finally the size and composition of the estate left (movable and immovable property, bank accounts, etc.), and whether or not it is encumbered with debts. Resolving these issues efficiently requires legal knowledge and experience, such as that of advocate Maciej Kacprzak, who can effectively guide his client through the meanders of inheritance law and help him cope with this difficult situation.

Our methods – how do we act in such cases?

As in any other case, the initial stage starts with a meeting with the client, during which he presents all the documents in his possession, and recounts the facts, as well as his or her family ties. In most cases, it is necessary to draw up a detailed family tree of the client in order to see clearly the status, age, marital status of the various family members who may be parties to the succession case. If the client only wants to get an idea of his legal situation, the matter may end with a single meeting during which he will be presented with this legal diagnosis. If, however, the description of the situation gives rise to claims by the client that can be enforced, or claims against him that can be (or have already been) made, the case requires laying out of a proper strategy. This does not always have to involve litigation. Many inheritance matters can be settled amicably if the conditions are right. Our law firm always gives priority to and proposes this solution, as it is cheaper and quicker for the client. In this regard, we write legal letters to the other parties involved, we participate in negotiations, we draft settlements, etc.

It happens, however, that there exist deeper disagreements, and that it is necessary to defend the interests of the client in the court. In such a situation our law firm offers a full range of legal actions: drafting a statement of claim or a motion (or a reply to a statement of claim or motion), participation in court hearings, writing pleadings, appealing first instance decisions, etc.

There is also a certain category of succession cases which take place prior to the testator’s death, i.e. where the testator wishes to settle the succession-related property issues him- or herself in order to spare his relatives the problems after the death. These include: preparation and disposition of a will, consideration of alternatives to the will, i.e. donation, conclusion of a life-and-death contract, transferring of an agricultural holding, conclusion of an agreement to renounce the inheritance, disinheritance of a relative in the will, and a bequest.

After the testator's death, advocate Maciej Kacprzak provides legal assistance in the following cases:

Confirmation of inheritance acquisition

Here we draft a motion to the court for confirmation of inheritance acquisition, and we also represent them in these proceedings. Moreover, we advise our clients on the steps to be taken if they decide to certify the inheritance with a notary public

Division of the inheritance

Division of the inheritance is a procedure that takes place after the inheritance has been declared, or the inheritance has been certified by a notary public. In these proceedings, steps are taken which aim to break the joint ownership which has been created between the heirs as a result of the succession. If the heirs agree, the procedure is not complicated and, in principle, the lawyer's involvement is limited to giving his opinion and advice on how to divide the inheritance property in a consensual manner, but if they do not agree, a greater problem arises. In such a situation it is necessary to carry out a judicial partition of the estate, where the subject of the proceedings is the manner of partitioning the estate, the determination of possible repayments and surcharges, and the settlement of donations, outlays and other claims that may arise in the course of the case.

Acceptance or waiver of the succession

It is not uncommon to find that, in addition to assets, the deceased has left behind liabilities, I.E. Succession debts, or that the estate does not include any assets at all, and the deceased's assets basically consist only of debts. In such situations we advise our clients on the consequences of accepting an inheritance outright or with the benefit of inventory, as well as on what to do to reject the inheritance. We help our clients avoid liability for inheritance debts also if, several years after the testator's death and acceptance of the inheritance, it turns out that such debts do exist. The law allows the court to approve rejection of the inheritance made after the statutory deadline if the reason for the missed deadline was a mistake.

Revocation of a will

These proceedings involve contesting a will in a situation where there is a justified suspicion that it has been falsified, altered, or that the person drawing it up was not capable of autonomously and independently disposing of his or her estate. These matters are often very difficult and require analysing a range of evidence, including expert evidence (including a graphologist), and are often linked to the criminal responsibility of the person who has committed an offence against the will.

Disinheritance of persons entitled to inherit by law

In certain situations succession law allows the testator to disinherit (I.E. Deprive of inheritance rights) persons who, otherwise, would inherit by law. Here, our client will receive advice on how to make the disinheritance effective, and on the consequences that the disinheritance would bear for other heirs. On the other hand, disinherited heirs will be assisted in determining whether the disinheritance has been lawful and effective, and what action must be taken to challenge the disinheritance contained in the will, and in particular whether they may successfully claim a reserved portion of their estate.

Claiming a reserved share

This is one of the most common inheritance cases. Persons who have been omitted in a will, or disinherited ineffectively, may demand that the remaining heirs pay an appropriate amount as a reserved portion of their estate. Advocate Maciej Kacprzak will provide such a person with information about the amount of the reserved sum and how it should be calculated, and he will lead the court proceedings aimed at obtaining the due amount.

Additionally, our law office has for many years also cooperated with the notary office of Wojciech Kwarciński in Poznan, which we recommend to our clients in such cases.