Polish inheritance law in Canada

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.

It depends if the Darowizna was in notarial form and then what was the wording of the darowizna and the will. Only your lawyer will be able to give you a good answer. However if your uncle was of sound mind when he made the second will and his girlfriend was actually his wife then you are going to struggle. A good notary would have looked at the darowizna before she stamped the second will.

As for what is reasonable steps to contact a relative; well it's still alive issue in Polish law whether that duty exists for the court. However, if I had written to you at your last known address, then that might be enough. Certainly as a Polish taxpayer I think that is sufficient ! There is certainly nothing yet in Polish law obliging them to trawl through your Facebook or LinkedIn to find you. I think if that were to be discussed in court then a sensible riposte by the other side would be that it is up to the related parties to stay in touch with each other, and not really the business of the state. Ask your lawyer but if you had up to date records at the Polish embassy maybe they should have been consulted.

Thanks cms

My sense is that if it were clear cut they wouldn't have been searching for us.

We will have to wait to see what the lawyer says I suppose.

Can anyone recommend a good English speaking lawyer in the Trojmiasto area that can help with inheritance matters? I have been working with a firm that said they reviewed court documents on my behalf (I even wired funds) but have not seen anything and feel like I have not learned anything new compared to when I started this process.

In my opinion - no. If your uncle's property nett worth is approximately a million dollars it is make sense to pay lawyers to check it out. If not, don't bother. You didn't even keep in touch with your uncle - that is telling, so just give it up.

Most likely after all the hassle and costs and taxes you'll be a lucky one if you won't loose money on this venture.

Merged:

Succession law on death - EU 650/2012 designation of a country other than Poland - 2 questions

Under EU regulation 650/2012 you can choose the laws of your home country where you are a citizen to apply on death.

Under Polish law, I understand if you are not married without children, your assets go to your parents (you cannot disinherit parents, unless you fulfill the requirements of Polish Civil Law allowing you to disinherit them). While I believe I would meet these requirements, it provides the disinherited parent an opportunity to contest the will under Polish law.

If you choose your home country's laws under the EU regulation, I understand some of Poland's succession rules will still apply.

1) Does anyone know if Poland's law will override my home country's law related to succession law for parents in Canada? Or am I free to choose how much, if any, to allocate to parents?

Please only informed comments, not opinions.

Ultimately I will consult a lawyer/notary in Poland and a lawyer in Canada, however I am trying to be better prepared before the meetings.

Additionally, not all advisers are equal and may not be sufficiently knowledgeable in such matters, so I would like to be prepared to challenge their opinions.

2) If anyone knows a notary with advanced skill in relation to my situation and preparation of a will, please provide a recommendation.

@Cad123
I am awfully curious how has your case ended as I have just learnt I am walking in your shoes as of yesterday. I am particularly eager to learn about the procedures involving your little daughter (my son is 6, no Polish citizenship). I am reading that if the laws of child's ordinary residence permit parental representation of minors than one does not have to ask the Warsaw Court for permission to reject the estate on child's behalf. I still do not know if that's the case of Canada/Ontario.

I am just beginning to wrap my head around this process. Both my Polish passport and ID (dowod osobisty) have long expired and I can;t even make a consular appointment to witness my signature on the document rejecting the estate. I wonder if I can write directly to the court.

I will more than appreciate your feedback and sharing your experience.