Under Polish law, persistently neglecting family duties can lead to disinheritance or being declared unworthy of inheriting, affecting both the main estate and forced shares.
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Disinheritance and Forced Shares
A testator may use a will to distribute assets, but certain family members—spouses, children, and parents—are generally entitled to a forced share. Disinheritance is the legal mechanism used to strip these relatives of this right, particularly when they persistently fail to fulfill family obligations.
According to the Civil Code and court rulings, this neglect must be persistent, meaning it is repeated or long-term rather than a single incident. The Warsaw Court of Appeal notes that this includes objectively blameworthy behavior, such as the long-term neglect of material and emotional needs.
The Role of Fault and Forgiveness
Disinheritance depends on the fault of the heir. Under the principle of nemo turpitudinem suam allegans auditur, a person who caused the rupture of family ties cannot use that lack of relationship to disinherit others. Similarly, neglect is not recognized if the testator refused offered help.
For disinheritance to be effective, the cited reason must exist in reality. Furthermore, a testator cannot disinherit an individual whom they have already forgiven.
Unworthiness of Inheritance
Unlike disinheritance, the declaration of unworthiness can occur after the testator’s death through a court proceeding initiated by an interested party. Following law changes on November 15, 2023, the reasons for unworthiness increased from three to five.
New grounds include the persistent avoidance of care duties—such as parental or marital obligations—and the failure to pay court-ordered alimony. Such a claim must be filed within one year of discovering the cause and no later than three years after the death of the testator.
Reduction of Forced Shares via Social Principles
While not explicitly stated in all regulations, courts may exceptionally reduce a forced share based on the principles of social coexistence under Article 5 of the Civil Code. The Supreme Court emphasizes that this is only possible in exceptional cases where demanding the share would constitute an abuse of law.
For instance, if a child neglects a sick parent for years, the court may investigate whether there are sufficient grounds to reduce the forced share, though each case is decided based on its specific circumstances.
