Division of joint property of spouses and division of inheritance

Legal guide

automatic translation from Polish

Settlements of donations and recovery records

We deal with the settlement of donations and debt collection records at the inheritance department. However, donations received by one of the spouses during the statutory joint life also have an impact on the distribution of joint property.

  1. the meaning of donations and debt collection records for the inheritance division

    If, in the event of statutory inheritance, the inheritance division takes place between descendants or between descendants and the spouse, these heirs are mutually obliged to count on the inheritance of donations and recovery records received from the testator, unless the testator's statement or circumstances indicates that the donation or collection has been made with a waiver obligation. The testator may impose the obligation to count the donation or debt recovery record on the estate of heir to the statutory heir not listed in the preceding paragraph. Small donations customarily accepted in given relations are not eligible for succession.

    If the value of the donation or debt recovery record to be credited exceeds the value of the succession, the heir is not obliged to return the surplus. In such a case, the inheritance or donation or debt collection section is not included in the inheritance division, or the heirs obliged to credit them. The further descendant of the testator is obliged to count the inheritance of the donation and recovery record made by the testator for his initial.

    Credit for heir inheritance is carried out in such a way that the value of donations or vindication records to be credited is added to the inheritance or to the part of the inheritance that is divided among the heirs mutually obliged to pass, after which the heir of each of the heirs is calculated, and then each of them is credited with the value of the donation or recovery record being credited against its scheda. The value of the subject of the donation is calculated according to the state at the time it was made, and according to the prices at the time of the inheritance division. The value of the subject of debt collection is calculated according to the state at the moment of opening the inheritance, and according to the prices as at the moment of the inheritance division. When counting as inheritance, the benefits of the subject of donation or debt collection shall not be taken into account.

    The rules for crediting inheritance donations shall apply mutatis mutandis to those incurred by the testator for the descending costs of upbringing and general and vocational education, provided that these costs exceed the average measure adopted in the given environment.

  2. donations for the distribution of joint property

    Property items acquired through inheritance, subscription or a donation are included in the joint property, unless the testator or donor has decided otherwise. This means, for example, that money received as a donation during marriage and used for joint property will be refundable when the property is distributed as a so-called outlays on joint assets from personal assets.

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