Polish law, as well as Australian law distinguishes two types of their succession: from the law or the will. Intestacy occurs where the deceased was not appointed successors, in other words, no will, or if he left a will, but none of the people mentioned in it does not want or can not be heir.
1) Inheritance laws
Polish law distinguishes the following groups of heirs:
I group – in the first place are called the bill to drop the children of the deceased and his spouse; They inherit in equal parts, but part of the spouse shall not be less than one quarter of the entire estate. In a situation where a child of the deceased did not live opening of the inheritance, the share that fell to him, falls to his children in equal parts.
Group II – in the absence of descendants (children, grandchildren) of the deceased are called to drop the bill of his spouse, parents and siblings; in this case, the share of inheritance is half of a spouse inheritance. If any of the siblings of the deceased did not live opening of the inheritance, leaving descendants, declining share of, which fell to him, falls to his children.
Group III – in the absence of the spouse of the deceased and relatives entitled to inherit from the Act fall in to the State Treasury.
In Polish law can dispose of assets in the event of death only by testament. Testator may at any time revoke testament to the whole, and its individual provisions. Polish law provides for the following forms of wills: a simple (handwritten testament, notary and allograft) and special (oral testament, testament while traveling on a Polish ship or aircraft and testament military). The most common form of handwritten testament is a will and testament notary.
Testament handwritten. For its preparation you need to write a will entirely handwriting, sign it and date. Warning! Drawing up a will typescript will be invalid. Testator must all testament to write personally. The same effect is the lack of a signature on a will. For the avoidance of doubt, the person making the will must sign a testament full name. While no date invalidates a will only when doubt arises as to the capacity of the testator to make a will as to the contents of the will or the relationship between several wills.
Testament notary. Testament can also be written in the form of a notarial deed. A will drawn up in the form of a notarial act has probative value equal to the power of a public document. In this form they can make a will also blind, deaf, dumb, deaf and dumb, being unable to read and write.
Warning! Under Polish law, the validity of a will decide the national law of the testator at the time of death. Enough for a similarly observe the form prescribed by the law of the country in which the act is done. This means that a will drawn up by a Polish citizen in Australia is important if you will be prepared in accordance with Australian law.
3) The statement of inheritance.
What is necessary for the inheritance?
The answer is – a person must submit to the competent district court for a declaration of inheritance. Exclusive jurisdiction is the last place of residence of the deceased in Poland, and if his place of residence can not be established, the court where the property is located or part of it (the court inheritance). In the absence of the above basis the court decline is the District Court for the capital city of Warsaw.