Acquiring an inheritance entails not only rights to assets, but often also liability for the deceased’s obligations (loans, mortgages, rent arrears). Time is critical here – you have exactly 6 months from the date you learned about your entitlement to the inheritance to submit a declaration to reject the inheritance or accept it with the benefit of inventory (which limits your liability for debts to the value of the inherited assets).

A lawyer will help conduct an audit of the deceased’s debts and file the appropriate declaration on time, protecting your personal assets.

Yes. Polish law protects the closest family members (descendants, spouse, and parents of the testator) who were omitted from the will or did not receive their due share of the estate through lifetime gifts.

As a rule, the compulsory portion amounts to 1/2 of the value of the share that would have been due to you under statutory inheritance (or 2/3 if you are permanently incapacitated for work or a minor). You have 5 years from the announcement of the will to pursue claims for a compulsory portion.

A lack of agreement on who to assign a specific asset to, or the amount required to buyout the remaining heirs, is one of the most common causes of inheritance disputes.

In such situations, it is necessary to conduct a judicial division of the estate. The court may physically divide the assets, award the property to one heir with an obligation to pay out the others, or order the sale of the assets by a court bailiff and divide the proceeds.

Mediation or legal representation by an attorney often helps reach a settlement and avoids years of litigation.

Yes, a will can be declared invalid in court proceedings if it is proven that the testator executed it:

• In a state excluding conscious or free decision-making and expression of will (e.g., due to severe illness, dementia, or taking strong medication).

• Under the influence of an error or threat by third parties.

• In violation of formal requirements (e.g., defects in a handwritten will).

Challenging a will requires strong evidence, such as the deceased’s medical records, witness testimony, or expert opinions (e.g., psychiatrists or handwriting experts).

A Deed of Inheritance Confirmation (Akt Poświadczenia Dziedziczenia – APD) drawn up by a notary is a much faster method (the matter can be handled in a single visit), but it strictly requires the personal presence and unanimous agreement of all heirs. I

f there is a dispute among the heirs, someone challenges the will, the full circle of heirs is unknown, or one of the heirs resides abroad and cannot appear, the only option is to file a petition for confirmation of inheritance acquisition with the district court.

Yes. To prevent a scenario where a testator sells off or gives away their assets before death to “cut off” certain heirs, the law mandates adding certain lifetime gifts back into the estate when calculating the compulsory portion and statutory inheritance shares.

Generally, gifts made to heirs or persons entitled to a compulsory portion are included regardless of when they were made, while gifts made to third parties are included if made within the last 10 years prior to the testator’s death.

Many Poles own real estate abroad (Spain, Italy, Germany, etc.). In the event of death, different inheritance laws may apply. In cases of inheritance with an international element, it is necessary to determine the applicable law (the inheritance regulations that will govern the estate) and the competent court (the court that will adjudicate the case).

These matters are significantly more complex, but can be effectively handled by experienced lawyers.

For international inheritance cases, our law firm collaborates with foreign law offices to accelerate document processing and legal assistance.