Succession law
The Law Office of Advocate Joanna Jakubowska – Zawada provides legal assistance also in the field of inheritance law, which, as one of the branches of civil law, includes broadly understood rights and obligations related to the death of their owner. The scope of legal support for the Law Firm is addressed not only to persons who
They want to dispose of their property in a safe and secure way in case of death, but also to entitled persons who want to assert their rights, both out of court and during court proceedings.
The Law Firm provides comprehensive assistance in conducting inheritance law rights, in particular such as:
Inheritance proceedings – Declaration of the acquisition of an inheritance and division of the inheritance
Inheritance
is the property rights and obligations of the deceased, which upon his death
are transferred to one or more persons (heirs). The heirs acquire the
inheritance when the inheritance is opened, which is the moment of the death of
the testator. Appointment to the succession may result either from a will
(testamentary succession) or from a law (statutory succession). The Office
provides professional assistance in the various stages of inheritance
proceedings: proceedings to determine the acquisition of the inheritance and
the conduct of the inheritance division in the event that there are at least
two heirs. The Law Firm shall carry out the following activities
on behalf of the person concerned, which will allow for the preparation and
obtaining of a notarial deed of succession certification or conducting court
proceedings to determine the acquisition of the inheritance, and then will lead
to the actual division and settlement of the inheritance mass through the
division of the inheritance.
The scope of activity of the Law Firm includes assistance both in situations where the heirs may agree on the division of the inheritance, and also if the parties cannot agree on the division of the inheritance. In the first case, the Law Firm offers assistance with actions that will lead to the contractual division of the inheritance in the form of a contract, while in the second case, the Law Firm provides representation of the heirs during the course of court proceedings.
Acceptance of the inheritance / Rejection of the inheritance
By accepting the succession, the heir consents to the acquisition of all rights.
and the obligations associated with the inheritance received. Acceptance of the succession takes place by way of a declaration of will before a court or a notary public. The inheritance can be accepted directly or with the so-called benefit of the inventory. Acceptance of the succession directly means that the heir will be liable for all the debts of the succession left by the testator. Acceptance of an inheritance with so-called inventory blessing means that the heir’s liability for the inherited debts exists but will be limited to the value of the assets of the inheritance. The heir may also decide to make a declaration on the waiver of the succession in order to avoid the testator’s debts or to help transfer his share.
inheritance to another testator. The Law Firm will provide specialist assistance within the scope specified above, which will allow the most advantageous decision to be taken
Reserve claims
A retention is an entitlement designed to protect the testator’s closest relatives, which include: children (grandchildren, great-grandchildren, etc.), spouse and parents. The right to the reserved portion is vested only in those persons who, in a given case, would inherit from the testator under the Act and is based on an investigation from heirs appointed to inherit a specific sum of money. The amount of the reserved portion is always determined by a sum of money, which depends on the value of the inheritance, the size of the financial contribution, and whether the person entitled is a minor or permanently incapacitated. The Law Firm provides assistance to the closest members of the deceased’s family by preparing and conducting court proceedings related to reserved portion cases against persons appointed to inheritance.
Statutory succession / Wills / Discipleship
The law
in force indicates that the inheritance is based on a law or a will. Pursuant
to the Act, inheritance is called statutory inheritance
and occurs in the absence of a will which will result in the distribution of
our property in accordance with the Act – according to the category and order
specified therein.
The
drawing up of a will allows us to reflect our will and decide what happens to
our property after death. When deciding
whether to make a will, it is important to remember that it takes precedence
over the succession. An important point is that a will can only be made in
person by a person with full legal capacity and may contain only one person’s
dispositions.
In addition, the wills may be disinherited by the testator within the scope of the will. Inheritance consists in depriving the entitled person of the possibility to be an heir and the right to receive a reserved portion. However, it should be remembered that you cannot disinherit a person without an important reason – it is also worth mentioning that the conditions of disinheritance have been regulated in detail by the applicable law.
Our Law
Office, after consultation with the client, provides services related
to advice on the choice of the appropriate form of preparation of a will, but
also provides important tips, which in a precise and simple way will allow you
to reflect the will of the testator as fully as possible. Additionally, we
assist in conducting inheritance proceedings – both before a court and a
notary.