This is a particularly important topic, always up to date and resistant to the passage of time and political changes.
Each of us worries about what will happen to our loved ones after our death and whether they will have a properly prosperous life. By default, everyone is thinking about making a will. Do we always have full power over disposing of assets as a testator?
Disposing of property after death
The first and one of the best-known property security options is, of course, a will. What to do if it is missing? Even without a will, assets are inherited – inheritance from the law remains.
I am talking about the reserved share, but what is it and how does it protect the interests of the family? According to the legislator, there are restrictions on the disposal of your property. Many of you probably think that the owner can freely manage property that he could reach after death. The law requires, however, that part of it falls to the children or spouse.
We note that the reserved share is determined on the basis
The inheritance share that would fall to the person entitled to statutory inheritance. In Polish law, there are three options for inheriting inheritance: – From a will, – from a bill, – partly from a will and from a bill.
When the testator writes in his will that he transfers all the property, e.g. to a person who does not belong to the family (a new partner), there is still an appointment to inheritance from the act.
In this way, the ascendants, who are the testator’s parents, and the descendants, who are the children, are entitled to half the property. When children are underage or unable to work, they can receive up to 2/3 of their share in the inheritance.
Inheritance from the act is in the following order
The testator’s children and spouse. The property is divided between them equally, except that the portion attributable to the spouse may not be less than ¼ of the total estate.
In the event of the child’s death, the property automatically passes to his offspring, then to his grandchildren. On the other hand, if she has no children, the inheritance falls on her spouse and parents – they are entitled to a quarter of the estate.