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Founded in 1981
2 people in their team
English
Sanktuarium Matki Bożej Fatimskiej - Różańcowej w Borkach is a Catholic sanctuary and parish in the Diocese of Tarnów that serves the villages of Borki, Maniów, Wola Szczucińska, and Załuże. Known locally as a center of Fatima devotion, it welcomes parishioners and pilgrims for worship,...
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About Estate Planning Law in Borki, Poland

Estate planning in Borki follows Polish national law. The rules that govern wills, inheritance, forced heirship, acceptance or renunciation of an estate, and the formalities for transferring property after death are set mainly by the Polish Civil Code and related statutes. Local procedures - for example, which court or notary you use - will follow the administrative boundaries that include Borki, but the substantive rules are uniform across Poland. Estate planning normally involves preparing a valid will, understanding statutory succession, considering the forced heirship claim known as "zachowek", dealing with tax and reporting obligations, and arranging the formal transfer of assets such as real estate, bank accounts and business interests.

Why You May Need a Lawyer

Many estate matters benefit from professional legal help. A lawyer experienced in Polish inheritance law can:

- Advise on drafting a clear and valid will that matches your wishes and minimizes disputes.

- Explain and calculate zachowek risks if you plan to disinherit close relatives or if you want to structure gifts during your lifetime.

- Help heirs decide whether to accept an inheritance outright or to accept with limitation of liability (benefit of inventory), or to renounce it, and prepare the required declarations.

- Represent you in court when you seek a probate decision (stwierdzenie nabycia spadku) or when heirs dispute distribution of the estate.

- Assist with the formal transfer of real estate in the land and mortgage register and with notarial deeds when required.

- Advise on tax and reporting obligations and help prepare communications to the tax office, which can be important to preserve exemptions available to close relatives.

- Handle cross-border issues if assets or heirs are located outside Poland or if foreign succession rules might apply.

Local Laws Overview

Key legal aspects relevant to estate planning in Borki include:

- Wills and formality: Polish law recognizes several kinds of wills. A holographic will must be entirely handwritten, dated and signed by the testator. A notarial will prepared by a notary public provides strong evidentiary force. In narrowly defined urgent situations an oral will may be permitted, but these are exceptional.

- Intestate succession: If there is no valid will, statutory rules determine who inherits. Close relatives such as the spouse and children are first in line.

- Zachowek (forced heirship claim): Close family members - typically children, grandchildren (if their parent died before the testator), and the spouse - may claim a statutory compensation if they are excluded or receive less than their statutory share. Zachowek is generally an amount equal to one-half of what the heir would have received under intestacy, and it is two-thirds for heirs who were permanently incapable of work.

- Acceptance or renunciation of inheritance: Heirs may accept an inheritance outright, accept with limitation of liability by making an inventory (benefit of inventory), or renounce it. There is a limited time to make a declaration - typically measured in months from the moment an heir learned about the inheritance - and failing to act has legal consequences.

- Transfer of title to property: To transfer ownership of real property, heirs usually need a court decision confirming acquisition of the estate (stwierdzenie nabycia spadku) or a notarial deed in cases where heirs agree. The inheritance document is then used to update land and mortgage registers.

- Taxes and reporting: Inheritance and gift tax rules apply. Close relatives may have exemptions or favorable treatment if they comply with notification and filing deadlines. Tax offices and correct filings are important to preserve any exemptions.

- Cross-border issues: If the deceased or heirs have connections to other countries, EU succession rules and bilateral rules may affect which law applies and what procedures are necessary. Choosing the law applicable to succession is possible in some cases under EU rules, so cross-border advice is often useful.

Frequently Asked Questions

What types of wills are valid in Poland?

Poland recognizes holographic wills (fully handwritten, dated and signed by the testator), notarial wills prepared by a notary public, and in rare urgent circumstances oral wills. Foreign wills may be recognized if they meet certain formal requirements. A notarial will is often preferred for clarity and ease of proving validity.

What is zachowek and who can claim it?

Zachowek is a statutory claim to protect close relatives if they are excluded from inheritance or receive less than their statutory share. It is typically available to children, grandchildren (if their parent predeceased the testator), and the spouse. The claim is a monetary compensation, not a transfer of specific assets.

How long do heirs have to accept or renounce an inheritance?

An heir must decide whether to accept an inheritance outright, accept it with limitation of liability (benefit of inventory), or renounce it within statutory time limits. The exact moment the time limit starts depends on when the potential heir learned of the inheritance and of their right to it. Because consequences can be significant, it is important to seek legal advice promptly if you are notified you may be an heir.

Do heirs have to pay inheritance tax?

Inheritance and gift tax rules apply in Poland. Close relatives may be eligible for exemptions or preferential treatment if they meet notification and filing requirements within the statutory deadlines. Tax obligations and thresholds change from time to time, so check current rules or consult a lawyer or tax advisor.

How do I transfer real estate that was inherited?

To transfer inherited real estate into heirs names you normally need proof of inheritance. That can be a court decision confirming acquisition of the estate or a notarial deed when all heirs agree. After that, the land and mortgage register must be updated at the relevant registry court. A notary or lawyer can guide you through the documents required.

Can I disinherit my children or spouse?

You can attempt to disinherit close relatives by leaving them out of a will, but they may still have a zachowek claim. Complete disinheritance is difficult because of this forced heirship protection. A lawyer can advise on the practical effects and how to reduce the risk of successful claims.

What documents will I need when starting an estate matter?

Common documents include the death certificate, the last will if any, the deceaseds ID and registry details, documents showing ownership of major assets (real estate deeds, vehicle registration, bank statements), marriage certificate, birth certificates of heirs, and records of gifts given during the deceaseds lifetime. Exact needs vary by case.

Can I plan my estate to reduce disputes among heirs?

Yes. Clear wills, using a notary when appropriate, explaining motivations to family members, setting up lifetime gifts carefully, and using professional advice to structure distributions can reduce disputes. In some cases, agreements among potential heirs prepared in advance can provide certainty.

What should non-Polish residents consider if they own property in Poland?

Cross-border succession rules may apply. EU succession regulation can make it possible to choose which law governs your succession, but the choice and its consequences should be handled with legal advice. Non-resident owners should also consider local tax and reporting obligations and how to ensure heirs abroad can claim property in Poland.

When should I consult a notary versus a lawyer?

Use a notary to prepare or notarize wills and to execute certain estate documents that require a notarial form. A lawyer is usually the right choice for planning strategies, handling disputes, representing you in court, advising on zachowek, tax planning, and dealing with complex cross-border matters. Often both professionals work together in the same case.

Additional Resources

Useful organizations and authorities to contact when handling estate matters in Borki include:

- The district court (sąd rejonowy) that covers the county where Borki is located - for probate proceedings and land and mortgage register matters.

- Local notaries (notariusz) and the regional Chamber of Notaries (Okręgowa Izba Notarialna) - for preparing notarial wills and notarial inheritance deeds.

- The tax office (Urząd Skarbowy) with jurisdiction over Borki - for inheritance tax and reporting obligations.

- The local municipal office or civil registry (Urząd Stanu Cywilnego) - to obtain certified copies of death, marriage and birth certificates.

- The local Bar associations and the Chamber of Legal Advisers (Okręgowa Izba Radców Prawnych or Okręgowa Rada Adwokacka) - to find qualified lawyers experienced in inheritance law.

- Land and mortgage register services at the appropriate registry court - to check property records and ownership.

- If cross-border issues arise, consular services of the country of nationality for guidance and to understand recognition of foreign documents.

Next Steps

If you need legal assistance with estate planning or inheritance in Borki, consider the following practical steps:

- Collect key documents: death certificate where relevant, identity documents, property deeds, bank statements, marriage and birth certificates, and any existing will.

- Identify the competent court and notaries for the Borki area. If you are not sure which court has jurisdiction, contact the municipal office in Borki for guidance.

- Contact a lawyer who specializes in inheritance law to discuss your situation. If you prefer, start with a notary for will drafting or for simple, agreed transfers among heirs.

- If you are an heir, decide quickly whether to accept the inheritance outright, accept with limitation of liability (benefit of inventory), or renounce it - and get legal help to file the correct declaration in time.

- Check tax notification deadlines to preserve potential exemptions for close relatives and to avoid late penalties.

- If heirs are in dispute, explore mediation or legal representation early to prevent prolonged litigation.

- For cross-border estates, bring information about foreign assets and nationality so your adviser can assess whether EU rules or foreign law affect succession.

Getting early, local legal advice will help you protect rights, meet formal requirements and reduce the risk of unexpected liabilities or disputes.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.