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Joint property law in Poland


Yonita16 1 | 3
13 Nov 2018  #1
If a person dies intestate in Poland (there is no will) and they jointly own property with another, does the property revert to the joint owner or become part of the estate?
Richthecat 6 | 58
13 Nov 2018  #2
I don't know if the below will help you.

I posted on your other thread I would suggest I know this will be a pain in the arse but take a trip to Poland find a lawyer here and get the ball rolling with them. Find me the closest city to where he lived and get an English speaking lawyer and be quick because no doubt the x wife is doing everything she can to disinherit your daughters.]]

According to the Polish Inheritance Law, the heir acquires the inheritance at the moment of the opening of the inheritance (article 942 kc), that is at the moment of the testator's death (article 924 kc). However, the death itself is not enough to make somebody an owner of the real estate belonging to the deceased. Firstly, it is necessary to obtain a decision regarding the acquisition of Polish inheritance. Such a decision is issued by the Polish Inheritance Court. During the proceedings, the court examines who is entitled to inherit (in particular if the testator left a will) and to what share of the inheritance the individual heirs are entitled to.

To begin the proceedings to obtain a decision regarding the acquisition of the inheritance, a special application needs to be submitted. To draft it, the copies of the civil status records of the heirs and testator's death certificate are necessary. The application needs to be submitted to the court at the last place of testator's residence, and, if such a place of residence in Poland cannot be established, to the court at the place where the inheritance estate or its part is located (Polish Inheritance Court). In case the above-mentioned grounds do not exist, the inheritance court is the district court of the city of Warsaw. The payment of 50 zł needs to be submitted with the application.

After the proceedings, the court issues a decision, which will state who inherits after the deceased. Only when the decision goes into effect, do the heirs become the formal owners (or joint owners) of the real estate. An appeal from the decision can be taken by filing an appeal.

It is worth noting that since March 1, 2009, Polish notaries became authorized to issue a confirmation of inheritance in Poland based on the inheritance protocol. The necessary conditions for utilizing this institution is the presence of all persons eligible for inheritance and the lack of conflict between them in regards to the division of inheritance. In practice, all potential heirs meet at the notary's office to draft the inheritance protocol. Based on this protocol, the notary drafts a confirmation act of drafting the inheritance protocol. Next, he registers it in the electronic registrar of the confirmations of inheritance. From this moment, the act goes into effect the same way the court decision regarding the inheritance acquisition deed does.
Atch 17 | 2,843
13 Nov 2018  #3
I know this will be a pain in the arse but take a trip to Poland find a lawyer here

Completely unnecessary.

I simply can't believe the palaver going on about this. The OP lives in Surrey for God's sake, not the Outer Hebrides. There are loads of Polish speaking solicitors in the UK nowadays who can give her basic advice on this issue in one quick consultation for a small cost and can file any paperwork etc needed. It would be madness to spend money on a trip to Poland, looking for an English speaking lawyer in a provincial town and then trying to get them to answer emails etc once the OP goes back to the UK. Those of us who've done any official business with Poland know how difficult it is to get them to correspond in a business-like manner.

@Yonita, what is the matter with you woman! Sorry, but that's said as one woman to the other. You're faffing about, wasting time and asking random strangers, none of whom are Polish solicitors about an issue you can solve by just contacting a solicitor. Here, here's a link to a solictor in your neck of the woods who has Polish speaking staff. They have a branch in Addlestone where you live. They say they charge 'local prices':

owenwhitecatlin.co.uk/about-us

There is no getting away from the fact that this issue can't be sorted without some expense on your part. Call or email the local solicitor, ask how much a consultation would cost for advice on your issue. At the consultation get an estimate of costs for having them handle the case and then take it from there and try to negotiate a modified package if their proposal is too expensive. Are you nervous or intimidated by solicitors? Don't be. They just provide a service, same as a plumber or an electrician. You'd negotiate a price with a tradesman wouldn't you, so you can do the same with a solicitor. And just as you wouldn't try to wire your own house in case you electrocuted yourself, you shouldn't try to sort out a convoluted legal issue in a foreign country without expert help. Best of luck.
OP Yonita16 1 | 3
13 Nov 2018  #4
@Atch - I appreciate what you're saying but my daughters (who are still reeling from their loss) have absolutely NO information other than a picture of the document they need to sign (written in Polish) and a message in poor English saying if they don't sign they owe £10,000 on a car loan. None of us have the money to either fly to Poland or engage a solicitor in this country on the limited information we have. Their first impulse is to just sign the waiver, but it's so alien a concept (in comparison with UK law) we're just trying to understand the situation. We're not "faffing about" it's a simple question I asked: does jointly owned property revert to the co-owner or become part of the estate?


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