Posts by MrZabka

MrZabka

21 Sep 2024

Law / Polish inheritance rules with regards to property that was transferred before death [7]

For a large real estate gift of multiple million zlotys, even 10% can be quite a lot.
I found this link that deals with the exact scenario and there is indeed a way to claim money from the heir that received the gift: codozasady.pl/en/p/forced-share-also-valid-for-statutory-succession

MrZabka

21 Sep 2024

Law / Polish inheritance rules with regards to property that was transferred before death [7]

Hello cms_neuf,

I assume that gifting tax was paid when the property was transferred while the donor and received where both still alive.

This is not a question of taxation.

This is a question about whether a parent can gift all assets to only one child before death, and then the other children end up with no or minimal inheritance after death.

MrZabka

21 Sep 2024

Law / Polish inheritance rules with regards to property that was transferred before death [7]

Hello,

I have a hypothetical question regarding Polish inheritance law and pratice.

Obviously this would require consulting a lawyer specialized in estate law however I just wanted to see if anyone can confirm my reasoning here.

Here is the hypothetical scenario:

If a person transfers real estate property ownership to one of their children before their death (legally, as a gift).

Is that gifted land then part of the estate when that person dies ?

It would seems reasonable to inclufe this land in the estate, otherwise the gift would be a way to make some children heirless by gifting things before death.

Would a person need to sue in court to include the land value in the estate ?

Thank you for any replies and sorry if this topic is not allowed.

Best regards,

MrZ