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Can Polish inheritance law override the intention of UK wills?


timEmp 1 | -
16 Jun 2016 #1
My partner and I have written wills in the UK leaving each other most of our estates when one of us dies. I am British and he is Polish, (with permanent residence granted before Poland entered the EU). Incidentally, we are not married or in a civil partnership.

QUESTION : Can the intention of these wills be overridden by Polish law?
rozumiemnic 8 | 3,861
16 Jun 2016 #2
I shouldnt think so but you might want to consult an expert in real life.
terri 1 | 1,663
16 Jun 2016 #3
As you are not married, the remaining partner will not be entitled to the tax-free inheritance allowance and will have to pay tax on the estate, which will be considerable. Consult a solicitor immediately.

If both of you reside in UK, then UK law applies.
swawek
17 Jun 2016 #4
As a lawyer, I would also add the following: it would be better for you to write a will ALSO in Polish according to the rules of Polish inheritance law. If there is some property or real esate in Poland, only Polish courts will have jurisdiction over this real estate. Even if you have a will in Polish and English, some Polish members of your partner's family may be entitled to receive "zachowek'.
terri 1 | 1,663
17 Jun 2016 #5
I assumed that all property/monies were in England. If there is anything in Poland, Polish rules apply.


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