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2008 Notarial confirmation of inheritance acquisition

According to the last amendment of Notary Act, courts will lose their monopoly for stating the fact of acquisition of inheritance. New regulation shall come into force on 2 nd of October 2008.

So far confirmation of inheritance acquisition was an activity reserved only for court. From now on, on the basis of new regulation inheritance acquisition can be confirmed by a notary. Moreover it shall not have to be a notary competent with respect to the place of residence of the deceased. Then, postulated changes seem to be in favor of the heirs.

Therefore, the agreement between all heirs is the starting point of notary inheritance confirmation, followed by the stating the number of heirs entitled to obtain legacy and its amount. Last requirement is the presence of all the heirs. The scope of notarial inheritance confirmation is limited though to statutory inheritance and legacy by will. The amendment shall not apply to specific will.

Before preparation of notarial acquisition inheritance the notary shall write down the inheritance protocol in the presence of all heirs. All persons taking part in protocol signing are obliged to disclose all information needed for its preparation and are liable for any false testimonies.

Notarial inheritance acquisition shall have the same legal results as acquisition confirmed by court.

The goal of above amendment is to make inheritance acquisition easier. In the event of agreement between all heirs and amount of their legacy this solution results in settling this kind of cases faster without court intervention.

The above regulation comes into force on 2 nd of October 2008.

According to the last amendment of Notary Act, courts will lose their monopoly for stating the fact of acquisition of inheritance. New regulation shall come into force on 2 nd of October 2008.

So far confirmation of inheritance acquisition was an activity reserved only for court. From now on, on the basis of new regulation inheritance acquisition can be confirmed by a notary. Moreover it shall not have to be a notary competent with respect to the place of residence of the deceased. Then, postulated changes seem to be in favor of the heirs.

Therefore, the agreement between all heirs is the starting point of notary inheritance confirmation, followed by the stating the number of heirs entitled to obtain legacy and its amount. Last requirement is the presence of all the heirs. The scope of notarial inheritance confirmation is limited though to statutory inheritance and legacy by will. The amendment shall not apply to specific will.

Before preparation of notarial acquisition inheritance the notary shall write down the inheritance protocol in the presence of all heirs. All persons taking part in protocol signing are obliged to disclose all information needed for its preparation and are liable for any false testimonies.

Notarial inheritance acquisition shall have the same legal results as acquisition confirmed by court.

The goal of above amendment is to make inheritance acquisition easier. In the event of agreement between all heirs and amount of their legacy this solution results in settling this kind of cases faster without court intervention.

The above regulation comes into force on 2 nd of October 2008.

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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