Last Will and Testament - should items go to a Polish or EU person?

roalexThreads: 14 Posts: 44 Joined: Oct 21, 07 ♂	Nov 19, 10, 12:56 #1
Not too sure if this is the correct forum for this but here goes anyway. If a Polish citizen bequeaths real estate, money, valuables to a person of Canadian origin. Does the Canadian person then actually own them? Are there any laws in Poland stating that items in a Last Will and Testament must go to a Polish or EU person? Thanks

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Nov 19, 10, 13:05 #2

roalex:

If a Polish citizen bequeaths real estate, money, valuables to a person of Canadian origin. Does the Canadian person then actually own them? Are there any laws in Poland stating that items in a Last Will and Testament must go to a Polish or EU person?

The benefactor of a will can be any legal entity in the world. If the person in question is still alive, go see a lawyer to find out the best way to transfer assets. If the person has passed away, condolences, and go see a lawyer as well to find out what your best options are.

inkrakow	Nov 19, 10, 17:50 #3
roalex: Are there any laws in Poland stating that items in a Last Will and Testament must go to a Polish or EU person? No. But if it's property, the beneficiary has to go through all the procedures of transferring the title.

1jolaThreads: 33 Posts: 2,737 Joined: Sep 23, 08 ♂	Nov 19, 10, 23:09 #4
convex: The benefactor of a will can be any legal entity in the world. Are you a lawyer now? Being American, are you sure you can advise on Polish law? What about the children? The spouce? Can you ignore them in your will?

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Edited by: henryson Nov 19, 10, 23:21 #5

Are you a lawyer now? Being American, are you sure you can advise on Polish law? What about the children? The spouce? Can you ignore them in your will?

I think what convex is saying is that any entity can be named. Which is true.
Whether or not it will hold in front of probate court is another story. Any document can be challenged in court. Note; the advice given was "GO SEE A LAWYER!" And what the heck is a "spouce"?

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Nov 19, 10, 23:59 #6

1jola:

Are you a lawyer now? Being American, are you sure you can advise on Polish law?

I don't have to be a lawyer to know that you can bequeath belongings to anything that you want in a Polish will. And if you want to get really nosy, it was an N reg'd aircraft bequeathed to a Delaware LLC.

1jola:

What about the children? The spouce? Can you ignore them in your will?

I don't know, that's not what was asked. I'd again suggest contacting a lawyer.

Thanks for the useful info though.

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Nov 20, 10, 11:01 #7

If a Polish person makes a Will and Testament the other closest relatives have a right of call upon these assets. Eg if it is a grandfather then his children (have a right to have his assets divided up equally amongst them). If one of his children has died, then their children are entitled to that share and so on.
It really does not matter that a parent leaves everything to a dog's home, the family have a right to that estate.
My mother died and left everything to my brother (with my full agreement before the Will and after) but I had to go to Court and formally declare that I did not want any share of the estate.

1jolaThreads: 33 Posts: 2,737 Joined: Sep 23, 08 ♂	Nov 20, 10, 11:52 #8
terri: It really does not matter that a parent leaves everything to a dog's home, the family have a right to that estate. That was exactly my point. I know this is not the case in the U.S. , but it is in France also, for an example. Nationality has nothing to do; blood relation does.

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Edited by: convex Nov 20, 10, 12:03 #9

1jola:

That was exactly my point. I know this is not the case in the U.S. , but it is in France also, for an example. Nationality has nothing to do; blood relation does.

Also in Germany as well as most European countries. Again, that wasn't what was asked.

For me, it's someone asking if it's possible for a Canadian to inherit assets from a Polish estate, or if the person named has to be a Polish or EU citizen. My assumption is that the survivors agree. I have no reason based on the post to assume otherwise. Maybe I misread the question.

terriThreads: 1 Posts: 385 Joined: May 3, 09 ♀	Nov 20, 10, 13:31 #10
It is possible for a Canadian to inherit something from a Polish person's estate, ONLY if the other members of the family agree to it and by doing do, the action is not detrimental to them in any way, e.g. a promised favourite item - but even that must be agreed. It makes no difference whether the 'external' person is Polish, American or Chinese.

roalexThreads: 14 Posts: 44 Joined: Oct 21, 07 ♂	Nov 20, 10, 14:56 #11
Thanks for everyone's insight into this. I would assume then that if the deceased did not have any other living family members. Then whatever he/she bequeaths would be inherited by whomever they decide. Correct? Thanks again And yes I will see a lawyer just wanted to get some insight from people actually living in Poland.

mafketisThreads: 17 Posts: 1,880 Joined: Mar 31, 08 ♂	Nov 20, 10, 15:16 #12
Basically in Poland the desires of the deceased don't matter. An odd situation when you consider how the dead are idealized... It' my understanding that if there's family then family gets it whether they deserve it or not and whether or not that's what the deceased wanted or not.

terriThreads: 1 Posts: 385 Joined: May 3, 09 ♀	Nov 20, 10, 16:08 #13
>>>>>Basically in Poland the desires of the deceased don't matter. An odd situation when you consider how the dead are idealized... >>>>>It' my understanding that if there's family then family gets it whether they deserve it or not and whether or not that's what the deceased wanted or not. Unfortunately, you are right - family is family. (good or bad)

cjjThreads: 2 Posts: 239 Joined: Sep 28, 07 ♀	Nov 20, 10, 21:02 #14
In pre-EU days there was always the "No Antiques Leave The Country" rule. Not sure how that could be enforced now though.

terriThreads: 1 Posts: 385 Joined: May 3, 09 ♀	Nov 20, 10, 21:32 #15
Re: the antiques - if you mean a statue, book, small painting - there are rules...if you disobey them they will confiscate the item at the border controls - never to be returned.

cjjThreads: 2 Posts: 239 Joined: Sep 28, 07 ♀	Nov 21, 10, 18:43 #16
terri: at the border controls - but what are "border controls" now when travelling over-land? How can free movement be expected to discover /control this sort of thing? I simply don't know.

delphiandomineThreads: 42 Posts: 9,954 Joined: Nov 25, 08 ♂ [Suspended]	Nov 21, 10, 18:45 #17
cjj: but what are "border controls" now when travelling over-land? How can free movement be expected to discover /control this sort of thing? I simply don't know. There are still plenty of random checks.

terriThreads: 1 Posts: 385 Joined: May 3, 09 ♀	Nov 21, 10, 21:20 #18
Border controls - I meant at the airport.

roalexThreads: 14 Posts: 44 Joined: Oct 21, 07 ♂	Nov 22, 10, 13:41 #19
Let me throw another "monkey wrench" into the situation. What if the deceased still has a living relative(s), a spouse, for example? Would the spouse have entitlement to possessions before anyone else? And, if so how much would they be entitled to? Before I, a non-family member, would be entitled to? Thanks again and I hope that doesn't sound too confusing.

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Nov 22, 10, 14:01 #20

roalex:

What if the deceased still has a living relative(s), a spouse, for example? Would the spouse have entitlement to possessions before anyone else? And, if so how much would they be entitled to? Before I, a non-family member, would be entitled to?

That spouse would be entitled to a share of the estate. Probably a one quarter share but the share can vary depending on the exact situation. Your best bet is to speak to a lawyer: Polish law gives both the freedom to make a will but also contains an element of 'necessary heir' / 'reserved portion'.

roalexThreads: 14 Posts: 44 Joined: Oct 21, 07 ♂	Nov 23, 10, 00:11 #21
Thanks speaking to lawyer will be my next step.

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