2015.02.10 Changes principles of liability for the debts of the inheritance

In early February 2015. was passed amendment of the Civil Code concerning liability for the debts of the inheritance.


In accordance with the provisions the currently applicable principle is reversed. Currently heir who does not make any declaration within 6 months of finding out about the title of his appointment to inheritance is treated - with few exceptions - if accepted the inheritance straight, which means that it is fully liable for the debts of the inheritance, even as significantly exceed the value of the assets of the inheritance. After the entry into force of the new regulations, the lack of a declaration in the prescribed period will be treated as acceptance of the inheritance with the benefit of inventory, and therefore with limited liability for the debts of the inheritance to the value of assets included in the inheritance.
 
In addition, it was introduced an institution of the private list of inventory (i.e., list of assets and liabilities that make up the inheritance) submitted before the court or a notary public by the heirs according to the formula established by the Minister of Justice. This list will be operated as an alternative to the inventory currently prepared by the bailiff, whose preparation involves significant costs.
 
The changes are due to come into force within 6 months of publication of the law.


Kancelaria Prawna 90-060 Łódź, ul. Nawrot 4/1, tel./fax +48 /42/ 630 58 41, tel. +48 /42/ 632 51 44, kancelaria@b2blegal.pl
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