Incompatibility of inheritance

One option for depriving an heir of the right to inheritance is that the Court finds him unworthy. The Court’s statement that a person is unworthy of inheritance excludes him from the circle of heirs, causing that under the law such a person is treated as if he had not survived the opening of the inheritance. This judgment also deprives the right to a reserved share, which requires that the person be in the circle of persons called to inherit from the act (deeming unworthy of inheritance excludes the person from that circle). The conditions for deeming it unworthy have been formulated in art. 928 § 1 of the Civil Code, which provides that: An heir may be considered unworthy by the court if: 1) intentionally committed a serious crime against the testator; 2) tricked or threatened the testator to draw up or revoke a will or in the same way prevented him from doing one of these activities; 3) intentionally hid or destroyed the testator’s will, forged or rewritten his will, or knowingly used a will by another person forged or forged. The above article lists the premises as a closed catalog, it means that these are the only premises that can be invoked in order to recognize a person as unworthy of inheritance, the use of analogies is not allowed, i.e. referring to similar behaviors of the heir, which are not acts described in art. . 928 § 1 of the Civil Code. Each of the above premises is self-contained, which means that the occurrence of any of them allows the exclusion of a person from the circle of heirs, without the need for subsequent premises.

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Confirmation of citizenship

The institution of confirmation of Polish citizenship is addressed to people who are Polish citizens, but do not have a document confirming this, which is why they cannot obtain a Polish passport or Polish identity card. Most often, confirmation of Polish citizenship is needed by people who left the country years ago, obtained citizenship of another State and did not need Polish documents for a long time. Another factual situation when the procedure of confirming Polish citizenship may prove useful is the situation when the parents (or parents) of the applicant had Polish citizenship and then left the country, lived abroad and their child was born there. In such a situation, the only way for a child to resolve the issue of Polish citizenship is to confirm his / her citizenship. There are also situations when a person’s grandparents or even great grandparents had Polish citizenship. Then such a person may not even know that he has Polish citizenship and in fact is a Polish citizen since birth, only confirmation of citizenship is necessary. An application for confirmation of Polish citizenship is submitted to the competent governor of the Voivode’s place of residence, or to the Consul of the Republic of Poland in the country on whose territory the applicant resides. The application should be accompanied by documents confirming kinship with a person who possesses or holds Polish citizenship. In the course of proceedings for confirmation of citizenship, the office also looks for documents necessary to resolve the case. Similarly, proceedings may be carried out to confirm the loss of Polish citizenship.

Residence card – refusal

The number of applicants for a residence card has increased significantly in recent years. Unfortunately, provincial offices are not prepared for this, which means that there are many errors resulting in refusal of a residence card. Foreigners coming to Poland do not immediately know Polish law and the requirements they must meet. Filing documents in copies is a common mistake. Unfortunately, the office does not take into account the copy, which leads to a refusal to issue a residence card.

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Testament and reserved portion

In the Polish legal order, the only act by which you can dispose of your property in the event of death is a will. In the field of disposing of assets, the testator uses the principle of freedom of testing, which means that, apart from certain cases specified in the Act (e.g. regarding the prohibition to attach a condition and time limit when appointing a will), the heir has full freedom as to appointing heirs, and making entries, both regarding the persons for whom they are made and the assets which are transferred.

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