emszt1999
8 Jul 2017
Law / Polish inheritance law in Canada [37]
What happens when the darowizna says something different than the will?
My uncle was very sick before he passed away. The story goes that he tried to contact me in Canada but was writing to my sisters address (where she no longer lived). Since he was unable to make contact with us he was worried that when he passed his property would be taken by the government. So 3 months before he died he married his girlfriend and changed his will naming her as his heir.
In my mind,it's simple... everything goes to the wife. However up two two years later the court was looking for us. A family member told me that this was by court order as there was this other document that named us as beneficiaries of the property. Since we didn't come forward, the court settled in favor of his wife.
Not sure how the court tried to find us but they obviously didn't try very hard.
I have a lawyer in Poland who will be reviewing the court documents and will confirm what happened but I'm wondering if we have any legal recourse at this point? Can anyone tell me what the court is required to do when searching for someone in a case like this? We have other friends and family that were found and contacted through the Polish embassy in similar situations. This was not the case for us.
If the property was in the name if my uncle and my grandmother (who lived with me and who has also passed away), does this change anything? The family member has indicated that this "other" document was created by my uncle and my grandmother.
What happens when the darowizna says something different than the will?
My uncle was very sick before he passed away. The story goes that he tried to contact me in Canada but was writing to my sisters address (where she no longer lived). Since he was unable to make contact with us he was worried that when he passed his property would be taken by the government. So 3 months before he died he married his girlfriend and changed his will naming her as his heir.
In my mind,it's simple... everything goes to the wife. However up two two years later the court was looking for us. A family member told me that this was by court order as there was this other document that named us as beneficiaries of the property. Since we didn't come forward, the court settled in favor of his wife.
Not sure how the court tried to find us but they obviously didn't try very hard.
I have a lawyer in Poland who will be reviewing the court documents and will confirm what happened but I'm wondering if we have any legal recourse at this point? Can anyone tell me what the court is required to do when searching for someone in a case like this? We have other friends and family that were found and contacted through the Polish embassy in similar situations. This was not the case for us.
If the property was in the name if my uncle and my grandmother (who lived with me and who has also passed away), does this change anything? The family member has indicated that this "other" document was created by my uncle and my grandmother.