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Porządek dziedziczenia ustawowego po nowelizacji kodeksu cywilnego ustawami z dnia 2 kwietnia 2009 r. oraz z dnia 18 marca 2011 r.

100%

Żukowski W.

Kwartalnik Prawa Prywatnego

2012

vol. 21

issue 1

141-173

Rules of intestacy contained in the Polish Civil Code were substantially transformed by the Act of 2nd April 2009 (in force since 28th June 2009). The Act made deceased person’s grandparents, their descendants and children of deceased person’s spouse, statutory heirs and modified rules of succession by deceased person’s parents and their descendants. The Act of 18th March 2011 (in force since 23rd October 2011) rectified additionally some ambiguities concerning succession by deceased person’s spouse concurrently with deceased person’s parent. In accordance with new rules the next of kin (up to deceased person’s grandparents and their descendants) and surviving spouse of the deceased person are this person’s statutory heirs. If neither the surviving spouse nor any kindred acquire the inheritance as statutory heirs deceased person’s stepchildren take the inheritance. If neither the surviving spouse nor any kindred or stepchild acquire the inheritance as statutory heirs the inheritance passes to the local community of deceased person or to the State Treasury.

People with intellectual disabilities as testators. Part 2 – Intestacy

80%

Szeroczyńska M.

Szkoła Specjalna

2020

vol. LXXXI(1)

67-78

The article presents the rules of intestacy under Polish law of succession. It shows who inherits the property of a decedent with intellectual disability and what part of that property depending on the number of related heirs and the degree of kinship. Since these rules are very complex, they are presented with numerous examples. The situation of both biological and adoptive family is discussed as well as the rules of intestacy when there is no family. The article also points out the procedure used in the case of intestate heirs who should not inherit from the testator due to their behavior toward the testator, that is the rule of unworthiness to inherit. intestacy, intestate heir, share in the estate, unworthiness

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1 Kwartalnik Prawa Prywatnego

1 Szkoła Specjalna

1 Szeroczyńska M.

1 Żukowski W.

1 2020

1 2012

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Porządek dziedziczenia ustawowego po nowelizacji kodeksu cywilnego ustawami z dnia 2 kwietnia 2009 r. oraz z dnia 18 marca 2011 r.

People with intellectual disabilities as testators. Part 2 – Intestacy