Practice area · Property and estates

Inheritance matters.
Settled once, and settled properly.

Confirmation of inheritance, division of an estate, reserved shares and disputes over wills. We also help when an inheritance means mainly debts - and the deadline for deciding is already running.

  • The whole route

    From confirmation of inheritance to division and settling up between the heirs.

  • Keeping track of deadlines

    Inheritance cases turn on deadlines that are easy to miss.

  • Family matters

    Inheritance disputes are usually family disputes - we handle them with sensitivity.

  • Clear costs

    You know in advance what the proceedings will cost.

§01Types of case

How we help

  • Confirmation of inheritance

    The first step, formally confirming who inherits and in what shares.

  • Division of an estate

    Dividing specific assets between the heirs - by agreement or before the court.

  • Reserved share

    A claim by close family members who were left out of the will.

  • Disclaiming an inheritance

    Where the estate carries debts - including on behalf of minor children.

  • Wills

    Cases about the validity of a will, the interpretation of its terms and giving effect to legacies.

  • Unworthiness to inherit

    Excluding from inheritance a person who has committed defined acts.

  • Accounting for lifetime gifts

    Bringing gifts into account against a share of the estate on division.

  • Debts of the estate

    Establishing the extent of liability and protection against the deceased's creditors.

§02Deadlines and steps

What has to be done and when

In inheritance cases most of the trouble comes from missed deadlines. Below are the ones that matter most in practice.

Deadlines and successive steps in inheritance cases
StepDeadlineConsequence of doing nothing
Declaring acceptance or disclaimer of the inheritance 6 months from learning you were called to the estate the inheritance is accepted with the benefit of inventory
Disclaiming on behalf of a minor requires the guardianship court's consent the child risks becoming liable for the debts
Confirmation of inheritance no deadline no document confirming your rights to the estate
Division of an estate no deadline the co-ownership continues indefinitely
A claim for a reserved share as a rule 5 years the claim becomes time-barred
Challenging a will depends on the grounds the effects of a defective will become entrenched

The deadlines run separately for each heir - from the day that person learned they were called to the estate.

§03Reserved shares

When a will leaves out close family

The reserved share protects the deceased's closest family - descendants, the spouse and, in defined situations, parents - from being left out of the will altogether. It gives a right to a sum of money, not to particular items.

The amount depends on the share the person would have received on intestacy and on their circumstances. Certain gifts made during the deceased's lifetime are added into the calculation - and that is often the most hotly disputed element of these cases.

A claim for a reserved share becomes time-barred, so delay can be costly. If you are not sure whether you are entitled to one, it is worth finding out before the deadline passes.

§04How we work

How we handle inheritance cases

  • Establishing who the heirs are

    Before anything can be divided, we need to know who inherits and in what shares.

  • Assessing what the estate contains

    Property and savings, but also debts and gifts made years ago.

  • Settlement where possible

    Dividing an estate by agreement is often quicker and cheaper than years of litigation.

  • Protection against debts

    Disclaiming the inheritance and limiting liability where the liabilities outweigh the assets.

  • Valuation and settling up

    Applications for an expert report where the value of assets is disputed.

  • Reserved share claims

    Acting both for the person entitled and for the person liable to pay.

§05How we work together

How an inheritance case unfolds

  1. The conversation and the documents

    We establish the family and financial position and whether any deadlines are running.

  2. Confirmation of inheritance

    An application to the court or a deed certifying inheritance before a notary.

  3. Establishing what the estate contains

    Assets, debts and any gifts that have to be brought into account.

  4. Division of an estate

    A settlement between the heirs, or court proceedings.

  5. Follow-up matters

    Reserved shares, settling up and entries in the land and mortgage register.

§06Questions and answers

Questions about inheritance

Cannot find your question here? Call us on +48 883 406 792 or write to us using the contact form.

Advocate Kamila Tomczyk at her desk

The first step

Let us talk about your situation

You do not need your documents in order, and you do not need to know the law. Just tell us what is happening - we will plan the way forward together.

Advocate Bartosz Dragon by the window in the firm's office

§07Contact

Book a legal consultation

Fields marked are required.

Please do not describe particularly sensitive details of your case in this form - we can discuss them securely during the call.

The entrance to the firm's office building, lit steps at dusk