Division of joint property of spouses and division of inheritance

Legal guide

automatic translation from Polish

Distribution of money on the bank account

It should be remembered that when the property regime is in force, the money accumulated on the account of only one spouse is shared, even if the account was opened in the name of only one spouse. Therefore, they are always subject to division. Of course, in practice, without a court order, the bank will not pay any money to a party who does not have a contract with the bank.

As a rule, heirs can divide the money remaining on the testator's account in any way. In practice, however, banks even before a ruling on the division of joint property, or an agreement on the division of assets is concluded, pay money to heirs only on the basis of a decree confirming the inheritance or notarial certification of inheritance. Banks pay funds to individual heirs in parts that are enshrined in the order confirming the purchase of an inheritance or confirming inheritance. Irregularities may occur, because firstly such payments are made without the consent of all heirs, and secondly, banks do not take into account that the funds accumulated on the account may have been joint property. Then the heirs only have half the funds on the account to distribute.

In addition, banking law provides for the coverage of funds from the funeral expenses account. In the event of the death of the holder of a savings account, current account or savings account, the bank is obliged to withdraw from these accounts the amount spent on the funeral costs of the account holder to the person who presented the invoices confirming the amount of costs incurred - in an amount not exceeding the cost of the funeral equipment in accordance with customs adopted in a given environment. The amount paid for funeral expenses is not included in the inheritance of the account holder

It is also worth remembering that the testator could have excluded some of the funds accumulated from the estate before his death, and then they are not subject to distribution. . The holder of a savings account, current account or a savings deposit account may direct the bank in writing to make - after his death - payment from the account to the persons indicated by him: the spouse, ascendant, descendant or sibling of a certain amount of money (instruction in the event of death). 2. The amount of payment referred to, regardless of the number of instructions issued, may not be higher than 20 times the average monthly salary in the enterprise sector without payment of profit awards, announced by the President of the Central Statistical Office for the last month before the death of the account holder. The instruction on the deposit in the event of death may be changed or revoked in writing by the account holder at any time. If the account holder issued more than one instruction with a deposit in the event of death, and the total amount of instructions exceeds the limit, the instruction issued later shall take precedence over the instruction issued earlier.

When determining the composition of the inheritance, it is worth remembering that the Bank is obliged to provide the person who has obtained the legal title to the inheritance with the aggregate account holder information about:

  1. the holder's bank accounts, including joint accounts - without indicating the joint holder's data;
  2. the holder's bank account agreements terminated or expired for the reasons referred to in art. 59a section 1-3 of the Banking Law;
  3. accounts of the bank account holder kept at the cooperative savings and credit union, including joint accounts - without indicating the joint holder's data;
  4. contracts for the bank account holder accounts kept at the cooperative savings and credit union terminated or expired for reasons referred to in the Act of 5 November 2009 on cooperative savings and credit unions (Journal of Laws of 2017, item 2065 , as amended).

The aggregate information indicates the entity that maintains or maintained the account, the account numbers resulting from the account agreement and information whether the accounts are still maintained.

legal aid
The Law Office of Piotr Stączek Advocate

Wąwozowa 11, piętro 3, 02-796 Warszawa tel: 881 209 300 Fax: +48 22 448 09 97 www.staczek.com