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.