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Wills and inheritance in Borki are governed by Polish law - primarily the Civil Code - and applied through local courts and notaries. While the legal rules are national, practical steps such as drafting a notarial will or obtaining a certificate of inheritance will usually be handled through local professionals in or near Borki - notaries, advocates and the district court. A valid testament lets you decide who will receive your property after death, subject to mandatory rules that protect certain family members.
You may want to consult a lawyer if any of the following apply to your situation:
- You have a complex estate - houses, businesses, multiple bank accounts, or valuable collections.
- You have family in different legal categories - blended families, adopted children, or non-married partners.
- You wish to disinherit or reduce the share of a statutory heir - forced-share (zachowek) rules can make this legally complex.
- You or a potential heir live abroad or you own property in another country - cross-border rules may apply.
- A will is being contested, or there is uncertainty about which document is the last valid will.
- You need help with acceptance or renunciation of inheritance and choosing acceptance with the benefit of inventory to limit liability for debts.
- You want to plan tax-efficient succession and ensure any necessary declarations to the tax office are made in time.
Key points that are especially relevant to people in Borki:
- Formal validity of wills - Polish law recognises several common forms of testament: a handwritten (holographic) will that is entirely written, dated and signed by the testator; a notarial will prepared by a notary; and an oral will in immediate danger of death - which requires witnesses and special follow-up procedures. A properly executed notarial will is the safest way to reduce later disputes.
- Statutory succession when there is no will - if someone dies without a will, statutory rules determine heirs, usually starting with spouse and children, then parents and other relatives in a defined order.
- Forced-share rights - certain close relatives have a right to a compulsory monetary share if they are excluded or receive less than their statutory share. Those rights can be claimed after the succession opens and may require legal action.
- Acceptance or renunciation of inheritance - heirs may accept an inheritance outright, accept it with the benefit of inventory to limit liability for the deceased's debts, or renounce it. Formalities and deadlines apply.
- Proof of inheritance - to access bank accounts, transfer property or administer the estate you will commonly need either a court certificate of inheritance or a notarial act confirming inheritance.
- Role of courts and notaries - courts issue certificates of inheritance and handle disputes; notaries can draft wills, prepare notarial deeds confirming inheritance and help with many estate formalities.
- Tax and declarations - there can be inheritance and gift tax implications and procedures to claim exemptions for close relatives; deadlines for tax declarations or claims exist and must be observed.
- International aspects - foreign assets or heirs living abroad may trigger additional EU or international rules - professional advice is recommended.
You can make a holographic will by writing it fully by hand, adding the date and signing it. Alternatively, you can choose a notarial will prepared by a notary public which offers higher legal certainty. In emergency situations a provisional oral will is possible but has strict witness and follow-up requirements. For clarity and to reduce disputes, many people use a notary.
If you die intestate, Polish statutory succession rules apply. The closest relatives - usually spouse and children - inherit first. If there are no close relatives the estate passes to more distant relatives, and ultimately to the state if no heirs exist. Exact shares depend on family situation.
You can attempt to disinherit a statutory heir in your will, but forced-share rights may still allow that person to claim a compulsory monetary share. Disinheriting a spouse or child requires careful legal drafting and an understanding that a forced-share claim may follow.
Forced-share is a legal protection for certain close relatives who would be disadvantaged by a will. If an eligible person is excluded or given less than their statutory share, they may claim financial compensation. Specific calculation rules and deadlines apply, so consult a lawyer if you think the forced-share may be an issue.
A lawyer (advocate or legal adviser) can help draft and advise on a will, plan succession and represent you in disputes. A notary prepares notarial wills, issues certified documents and handles some inheritance formalities. Many people use both: a lawyer for planning and a notary to create the final notarial will or to register necessary acts.
Commonly heirs present either a court-issued certificate of inheritance or a notarial act confirming inheritance. Banks and land registry authorities typically require one of these documents before releasing funds or transferring property titles.
Yes, under Polish law you can appoint an executor (wykonawca testamentu). The executor administers provisions of the will, but their actions are subject to law and sometimes court supervision. Naming a clear executor can help ensure your wishes are followed.
Joint ownership arrangements determine what happens. If property is held jointly with rights of survivorship, the co-owner may automatically retain their share. If ownership is divided, your portion may pass under your will or by intestacy. Review ownership documents and discuss them with a lawyer or notary.
Yes - inheritance and gift tax rules may apply, though close relatives often qualify for exemptions if required formalities are met within statutory deadlines. Tax treatment depends on the relationship between the decedent and beneficiaries and on the value of the estate. Consult a notary or tax advisor to understand obligations and any exemption applications.
If you discover a will after the testator has died, deliver it to a notary or the relevant district court. The will must be examined to determine its validity. If there are competing documents, the court or notary will help establish which document is the last valid testament.
Use these types of institutions and services for assistance in and near Borki:
- Local notary offices - for drafting notarial wills and obtaining notarial acts confirming inheritance.
- District court - the court handling inheritance matters in your county for certificates of inheritance and disputes.
- Local bar association or a private advocate or legal adviser - for legal advice and representation.
- Krajowa Rada Notarialna - the national notary self-government body can help find an authorised notary.
- Naczelna Rada Adwokacka or local legal directories - to find qualified lawyers experienced in succession law.
- Municipal office - for basic guidance about local procedures and records.
- Tax advisors - for advice on inheritance tax, exemptions and necessary declarations.
If you need legal assistance with wills or succession in Borki, consider the following practical steps:
- Gather documents - ID, marriage certificate, birth certificates of family members, property deeds, account information, insurance policies and any existing wills or powers of attorney.
- Make an inventory of assets and liabilities - list real estate, bank accounts, business interests, investments, debts and personal items of value.
- Decide who you want to benefit and whether there are special gifts, legacies or conditions you wish to include.
- Choose whether to make a holographic will or to see a notary for a notarial will - notarial wills reduce later disputes and make administration easier.
- Schedule a consultation with a lawyer experienced in succession law if your situation is complex, involves foreign elements, or you expect challenges from heirs.
- If you are a potential heir facing a choice, consult quickly - there are time limits for accepting or renouncing an inheritance and for claiming forced-share rights.
- Keep the original will in a safe place and tell a trusted person where it is - or ask a notary to keep it or register it according to professional practice.
- If the estate may trigger tax obligations, check deadlines for declarations and exemptions with a tax advisor or notary.
Taking these steps will help ensure that your wishes are clear, legally valid and easier for your heirs to carry out. If you are unsure at any stage, seek local professional advice to avoid costly mistakes.
