Amending the Civil Code It was supposed to be simplified and shortened Inheritance procedures. The new regulations also expanded the existing list of reasons for recognizing an heir as an heir Not worthy of inheritance. It should be borne in mind that taking such actions requires filing a lawsuit.
Until the regulations were amended, the Civil Code stipulated three situations that made this possible Deprivation of inheritance rights:
- Intentionally committing a serious crime against the testator,
- Persuading the testator by trick or threat to prepare or invalidate the will, or preventing him from doing so.
- Concealing or deliberately destroying the will of the testator, as well as forging or falsifying it, and using a forged or forged will from another person with his knowledge of this.
Regulations that came into force on November 15, 2023, He expanded this catalog by two buildings. According to the amendment, heir He may be considered unworthy of inheritance when:
- Constantly avoiding fulfillment of maintenance obligations to the testator, stipulated in the court decision, court agreement or contract,
- He has consistently avoided fulfilling the obligation to care for the testator arising from parental authority, guardianship, function of custodial parent, marital obligations or respect and support between parent and child.
According to info.pl, these provisions may apply, for example, in cases where: For years, the elder was unable to rely on any support from his loved ones, despite the real possibility of assistance.
The changes introduced are aimed at empowering the remaining heirs Opposing a situation in which an inheritance ends up in the hands of someone who does not fulfill his dutiesFor example, financial support.
“The events that followed are not universally accepted luck The testator is given to a person who, by his own obnoxious omission, is often ill-willed Making it impossible for the testator to meet his basic life needs during his lifetime“- stated in the justification for the draft amendment.
It was also noted that “the legal system must respond Morally inappropriate behavior by people who may benefit from an inheritanceThe Ministry of Justice also confirmed that the changes introduced are important given… Repeated appointments for legacy Actual guardians.
The person whom the court deems not worthy of the inheritance remains Excluded from the legal inheritance and intestacy as if she had not lived to see the opening of the inheritance. The ruling issued is retroactive and the heir is considered unworthy There is no right to a mandatory quota.
The court may decide that the inheritance is not entitled to two new reasons, when the behavior that justifies the inheritance is not entitled Occurred after November 15, 2023.
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