Rejecting an inheritance on behalf of a minor child is a slightly more complicated action than rejecting an inheritance on your own behalf.
Due to the fact that a minor child is not able to reject the inheritance on his/her own, it is necessary for the parents/legal guardians to act appropriately on his/her behalf.
First of all, when rejecting an inheritance on behalf of a minor child, it is important to be aware of the time limits for carrying out this action.
Time limit for the rejection of the succession
First of all, the parent has 6 months to reject the inheritance, counting from the day on which he/she learnt about the testator’s death or the existence of a will if he/she was appointed to the inheritance. This can be done before a notary or a court.
Thereafter, the parent has six months to disclaim the inheritance on behalf of the minor child after making the disclaimer in his or her own name.
Termin ten jest niezwykle ważny, ponieważ po jego przekroczeniu uznawane będzie, iż małoletnie dziecko nabyło spadek z dobrodziejstwem inwentarza.
Rejection of an inheritance on behalf of a minor child
In order to reject the inheritance on behalf of a minor child a written application should be filed with the District Court, Family and Minors Division, which has jurisdiction over the place of residence of the minor child.
It is an application for permission to act beyond the scope of ordinary management of the child’s property. Such an application is submitted by an applicant who is a parent acting as a legal representative of a minor child.
Such an application should state the reasons why we want to reject the inheritance on behalf of a minor child and should be properly documented (e.g. birth certificate of the child, death certificate of the deceased, statement of rejection of the inheritance by the parent, confirmation of payment). A properly justified and documented application should be considered by the family court.
Witnesses, who are often the applicants, may be heard during the proceedings. The proceedings shall end with the issuance of an order by the court on the application filed.
The application shall be paid with a court fee of PLN 100.00.
I got a resolution and what’s next?
After receiving an Order authorizing the above action, the parent may choose to go to court or go to a notary public to file a declaration of rejection of the inheritance on behalf of the minor child.
It is still important to remember the time limits, which are extremely important in this case. There is a lapse of time between the filing of the petition with the court and the issuance of the order that is beyond the control of the petitioner.
However, there are Court decisions that state that the filing of a petition with the guardianship court suspends the time limit for rejection of the estate for the duration of the guardianship court proceedings.
„Upon the filing of a petition with the guardianship court, the time limit for the rejection of the estate shall be suspended for the duration of the proceedings before the guardianship court.”
Order of the Supreme Court of 20.11.2013, I CSK 329/13, OSNC 2014, no. 9, item 93.
The second thesis indicates that filing an appropriate petition with the guardianship court interrupts the time limit.
„Submission to the guardianship court by the statutory representative of a minor heir of a request for permission to make a declaration of rejection of the inheritance on his behalf interrupts the course of the time limit provided for in Article 1015 § 1 of the Civil Code.”
Order of the Supreme Court of 28.05.2015, III CSK 352/14, OSNC 2016, no. 5, item 63.
Both positions are accepted in the literature.
It is very important to keep in mind this institution and the deadlines to which a party is entitled, because by doing so, you can protect your minor children from any liability for inheritance debts and related lawsuits.
If you have any questions or concerns feel free to contact me.6 września, 2022 3 komentarze
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