If the inheritance is shared by several people, dividing the inheritance tends to distribute the elements of the inheritance among individuals.
The division of the inheritance may take place either by agreement between all heirs, or by a court order upon request any of the heirs. The inheritance department may therefore be contractual or judicial. The judicial division of the estate should cover the entire estate. However, for important reasons, it may be limited to a portion of the inheritance. The notional division of the estate may cover the entire estate or be limited to a part of the estate.
When can there be a judicial partial division of the estate?
A judicial partial division of the inheritance may occur, in particular, from this because an enterprise is part of the inheritance. Pursuant to the resolution of the Supreme Court of September 22, 1977 (file reference number III CZP 72/77), in the event of important reasons to limit the division of joint property to a part of this property, the court may only include a decision on this matter in a division judgment concluding the proceedings in case.
What is a Supplementary Inheritance Department and when can it be done?
The supplementary division of the estate is a section that is made after dividing the estate in part, if the estate department did not cover all its components. The omitted components do not cease to be joint property, so it is worth making a supplementary division of the inheritance. Pursuant to the resolution of the Supreme Court of August 28, 1986 (file reference number III CZP 47/86), if it turns out that, for any reason, a legally valid decision on the division of the joint property did not cover all essential components of the joint property, each of the ex-spouses may apply in separate proceedings for a supplementary division as to the components that have not been included in the division ruling. Moreover, the joint assets of the ex-spouses not submitted for division or omitted by the Court in a legally binding decision for division do not cease to be joint property; they may therefore be divided by agreement or by a court ruling (supplementary division) (decision of the Supreme Court of July 14, 1983, file reference number IV CR 282/83). The above was confirmed by the decision of the Supreme Court of June 30, 2021 (file reference number I CSKP 133/21), indicating that if a specific asset was part of the joint property and was not covered by the contractual division of this property combined with the division of the deceased’s estate the spouse, each of the heirs may request a supplementary judicial division of the estate covering this component.
Each of the heirs may apply for a supplementary division of the estate.