In Polish inheritance law, a surviving wife may share her deceased husband’s estate with his mother when no will is present.
Understanding Statutory Inheritance
Inheritance involves the transfer of a deceased person’s assets to other individuals or legal entities. The entire process is regulated by the provisions of the Civil Code. One can acquire inheritance through statutory law or through a will, provided it was made during the testator’s lifetime.
When Does Statutory Inheritance Apply?
Although a will offers many possibilities, it is still relatively rarely created in Poland, so statutory inheritance most frequently occurs in the Polish legal order. It may cover part or all of the inheritance. The first situation occurs when the deceased did not appoint any heir to that part, or when any of the persons appointed to the entire inheritance do not want or cannot be an heir. Statutory inheritance of the entire inheritance occurs when “the testator did not appoint an heir or when none of the persons he appointed wants or can be an heir” (Article 929 §2 of the Civil Code).
First Inheritance Order: Spouse and Children
The right to inheritance belongs to both living relatives of the deceased and a child conceived before their death, provided it is born alive. The order of inheritance depends on the degree of kinship with the deceased. Inheritance law distinguishes descendants (the deceased’s children and their descendants) and ascendants (persons from whom the deceased derives, such as parents or grandparents). It should be noted that adopted children are treated equally with biological ones – they inherit from the adopting persons and their families as if they were their natural children.
In the first order, the deceased’s children and spouse are called to inheritance. As a rule, they inherit in equal parts, with the spouse’s share not being less than one-quarter of the entire inheritance.
Second Inheritance Order: Parents and Siblings
Many Poles believe that in a marriage without children, the entire inheritance from the deceased spouse automatically goes to the surviving one. However, this is a mistaken assumption. According to the regulations, when the testator has no children, the inheritance goes to the spouse and the deceased’s parents. The spouse inherits half of the inheritance, while the other half is divided between the parents. When paternity has not been established, the inheritance goes to the mother and spouse in equal parts. It is therefore possible that the spouse will share the inheritance with the mother-in-law.
If the deceased had neither children nor a spouse, their parents inherit. If one of them is deceased, their share goes to the testator’s siblings. If there is also no siblings and their descendants, and the testator was married, the entire inheritance goes to the spouse.
Inheritance by Grandparents
When the testator has left no children, spouse, parents, or siblings and their descendants, the inheritance passes to grandparents. They inherit in equal parts. If any grandparent did not live to see the inheritance opened, their share is taken over by their children. In their absence, this share is divided among the remaining grandparents.
State Inheritance as Last Resort
If the deceased had no statutory heirs and did not make a will, the inheritance goes to the municipality proper due to their last place of residence. If this place cannot be determined or the deceased lived abroad, the inheritance passes to the State Treasury.
Divorce, Separation, and Inheritance Rights
Inheritance law also provides for situations where a spouse is excluded from inheritance. This occurs when before death the testator filed for divorce or separation due to the fault of the co-spouse, and this request was justified. The exclusion takes effect by court decision, and any of the heirs inheriting together with the spouse may apply in this matter. However, deadlines must be remembered – the application must be submitted within six months from obtaining information about the opening of the inheritance, but no later than one year from that date.