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Polish legal provisions stipulate that even a minor child can inherit an estate. Unfortunately, this does not only involve positive aspects such as money or real estate. It sometimes happens that a minor also inherits debts. Receiving such an inheritance can be stressful and often problematic in the future. Therefore, as a parent or guardian, you certainly want to know more about the possibility of renouncing an inheritance. This will protect the minor from inheriting debts, for example, from relatives with whom they have never had contact. We explain how to write a justification for a minor's renunciation of inheritance and who can do it. We invite you to read on.
The law indicates that any person, regardless of age, can inherit both assets and debts from a deceased person. This is frustrating, primarily because liabilities can often originate from relatives one has never seen. Inheriting an estate means, in legal terms, the transfer of all rights and obligations to the designated heir. Therefore, when it involves inheriting debts, renunciation of inheritance by a minor becomes crucial to prevent the child from starting life with a problem before even reaching adulthood.
In Polish law, there are two titles of inheritance. This means that one can inherit an estate by statutory succession when the testator has not left a will, or by testamentary succession when a will has been duly made by the testator. It is important to emphasize that the person inheriting must be alive or conceived at the time the estate is left by the testator. This means that the age of the inheriting person is irrelevant. Therefore, if this person is still a fetus, the parent must remain vigilant. Renunciation of inheritance on behalf of a minor is the most prudent action when it is suspected that the estate consists of liabilities.
A common question that arises among concerned parents or guardians is who can renounce the inheritance received by a minor. It turns out that renunciation of inheritance on behalf of a child can be executed by one or both parents. However, obtaining permission is essential. If the child has no parents, such permission is granted to legal guardians, for example, in a foster family. It is important to note that one parent can renounce the inheritance if the other is deceased, incarcerated, or otherwise unable to do so. Renunciation of inheritance by children is also crucial when it concerns minors living abroad. Moreover, one child may retain the inheritance while another renounces it.
Renunciation of inheritance on behalf of a minor in court is fundamental because simply disclaiming it without court approval is unlawful and will be deemed invalid. This procedure begins with initiating proceedings in family court to obtain permission. The next step is the proper renunciation of inheritance on behalf of the minor before a notary. It is worth remembering that the permission case does not take long, and the court usually grants permission after one hearing. The court then tries to determine whether the child should renounce or accept the inheritance. It is rare for the court to refuse permission, but if it does, the case can be appealed to a higher instance. In such situations, an experienced inheritance lawyer is needed.
As you already know, renunciation of inheritance on behalf of a minor at a notary is the next step in disclaiming unwanted assets or debts. You can approach a notary after obtaining a court's final decision on renunciation. This is the fastest and most cost-effective way to renounce an inheritance. During the renunciation at the notary, parents or one of them, if justified, must be present.
You must know that the application for renunciation of inheritance on behalf of a child should be written very precisely. It must primarily include the client's important legal grounds. Fortunately, there are universal templates for the application. Drafting it correctly can be challenging for many people. A lawyer or attorney can assist with this. The document must include certain information:
The application must also include the renunciation of inheritance by other relatives of the minor, as well as other documents, such as the testator's death certificate, birth certificate extract, etc. You should also be aware that there is a court fee for the application for renunciation of inheritance on behalf of a minor, which amounts to 100 PLN. Additionally, there is a stamp duty of 17 PLN.
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