What is disinheritance?
Disinheritance is a legal act by which a testator deprives a close family member of the right to receive a reserved share of the estate. In a Polish law context, disinheritance should be distinguished from simply omitting a person in a will. A person may be left out of a will and still have a statutory claim for a reserved share, known in Polish law as zachowek. Disinheritance is intended to remove that claim, provided that the statutory conditions are met.
Under the Polish Civil Code, disinheritance may apply to persons who would otherwise be entitled to a reserved share, in particular descendants, the spouse and parents of the deceased, if they would inherit under statutory succession. The reserved share is regulated in Article 991 of the Polish Civil Code and is generally one half of the value of the statutory inheritance share, or two thirds where the entitled person is permanently incapable of work or is a minor descendant.
Disinheritance must be made in a will. It is not enough to express a general wish that a person should receive nothing. The will should indicate a specific statutory ground for disinheritance and describe the circumstances clearly enough to allow verification after the testator’s death. If the reason is vague, untrue or not covered by law, the disinherited person may challenge the effectiveness of the disinheritance and pursue a reserved share claim.
What does disinheritance involve?
Disinheritance is connected with succession planning, estate disputes and the protection of family members’ statutory rights. It is relevant where the testator believes that a close relative should not benefit from the estate because of serious misconduct. Polish law does not allow disinheritance for any reason chosen by the testator. The grounds are limited and are set out in Article 1008 of the Polish Civil Code.
In general terms, disinheritance may be based on persistent conduct contrary to the principles of social coexistence against the testator’s will, the commission of an intentional offence against the testator or a close person against life, health or liberty, or a gross offence against honour, or persistent failure to fulfil family duties towards the testator. These grounds require assessment of the facts. Isolated conflict, lack of emotional closeness or disagreement within the family may be insufficient unless the statutory requirements are satisfied.
Disinheritance also raises evidentiary issues. After the testator’s death, the court may need to examine whether the events described in the will actually occurred and whether they meet the legal threshold. Evidence may include documents, correspondence, medical records, criminal judgments, witness testimony or records showing failure to provide care or support. The wording of the will is therefore important, but so is the ability to prove the underlying circumstances.
A further issue is forgiveness. Under Article 1010 of the Polish Civil Code, a testator cannot effectively disinherit a person if the testator has forgiven that person. Forgiveness does not always need to be formal, so disputes may arise over the testator’s conduct, statements and family relations before death. In addition, the descendants of a disinherited descendant may retain or acquire their own reserved share rights under Article 1011 of the Polish Civil Code.
When is legal assistance with disinheritance advisable?
Legal assistance is advisable when a person preparing a will wants to exclude a close relative from the reserved share, or when a family member has been disinherited and wants to assess whether the disinheritance is valid. It may also be needed in broader estate planning, especially where the estate includes real estate, shares in a company, family business assets, loans, gifts made during lifetime or assets located in more than one jurisdiction.
For testators, legal advice helps ensure that the will is drafted in a way that reflects their intentions and complies with statutory requirements. A lawyer can assess whether the facts may justify disinheritance, how to describe them in the will, and what documents should be preserved. This reduces the risk that the provision will be found ineffective after death.
For potential heirs, legal advice may be necessary where the disinheritance appears unjustified, based on inaccurate allegations or unsupported by evidence. The person concerned may need to evaluate a claim for a reserved share, respond to arguments raised by other heirs or participate in court proceedings concerning the validity or interpretation of the will.
A prompt consultation with a lawyer can help avoid mistakes that may lead to family disputes, invalid testamentary provisions, loss of inheritance rights or unnecessary financial exposure. In inheritance matters, early assessment is often important because the structure of claims, evidence and negotiations may significantly affect the final outcome.
Legal support in disinheritance matters
Support from a law firm in the area of disinheritance may include in particular:
- analysis of whether statutory grounds for disinheritance exist,
- drafting or reviewing wills containing disinheritance provisions,
- assessment of reserved share claims after the testator’s death,
- representation in inheritance and civil litigation concerning disinheritance,
- collecting and evaluating evidence relevant to family misconduct or forgiveness,
- negotiating settlements between heirs and persons claiming a reserved share,
- advice on succession planning involving real estate, company shares or family business assets,
- cross-border coordination where inheritance issues involve more than one legal system.
Need assistance with disinheritance or a reserved share claim? Contact us.
See also
- Civil Litigation
- Debt Recovery
- Real Estate Law
- Shareholder rights