November – the time when questions about inheritances come back. What is worth knowing about inheritance of real estate?

Although the topic seems distant, in practice it concerns each of us. Because even if we do not have a will yet, sooner or later we will be a party to an inheritance case – as heirs or testators.

Inheritance is not just about a will

A will is an important document, but it does not solve all problems – it often even reveals them. In Polish reality, it still happens that a will is written by hand, on a piece of paper, without a date, and sometimes even in a hurry, just before death. Later, the family argues about whether the signature was authentic, whether someone exerted pressure, or whether the document can be considered valid at all.

There are situations in which the testator appoints only one child to inherit, leaving out the rest. Then the so-called compulsory share – a claim that often becomes the beginning of a long court process. As a result, even the best written will does not guarantee that the heirs will avoid conflict.

In my experience, a will is most often not a legal problem, but an emotional one. For one person it may be an expression of trust, for another it may be a symbol of injustice. It sometimes happens that the family learns about the existence of the will only after the funeral, and its content surprises everyone. When property value, memories and grief are added to the mix, what lawyers call an “inheritance dispute” begins, but is actually a battle for recognition and emotions.

Therefore, it is worth treating a will not as a formality, but as a tool for organizing family matters. It is good if it is prepared by a notary, in a thoughtful way, with full awareness of the consequences. A will should protect – not divide. And this requires conversation, courage and often the help of a lawyer who will help translate human emotions into clear legal provisions.

Inherited property – a blessing or a source of conflict?

Inheritance of real estate is often a flashpoint in the family. When there is a house left by your parents, a plot of land or an apartment to be divided, emotions are mixed with money. A typical scenario looks like this: one of the children lives in the house and feels like its natural owner, the second wants to sell the property and divide the money, the third – plans to rent it out. No one has a majority, so no decision is made. The house is falling into disrepair, and the family – instead of talking – files lawsuits to abolish co-ownership.

There are more and more such cases. And more and more often, they might not have happened at all if the owners had settled their property matters earlier – e.g., prepared a notarial will or donated the property. Many people also choose the so-called a life annuity contract – thanks to which they can transfer the house during their lifetime, retaining the right to live in it for the rest of their lives. This solution combines legal security with avoiding subsequent disputes between heirs.

Inheritance and taxes – who will pay and who will not?

Many people are surprised by the fact that inheritance may involve the need to pay tax. The immediate family – children, spouse, parents, siblings – is exempt from inheritance tax, but only on the condition that they report the acquisition of property to the tax office within six months. All you need is the SD-Z2 form, but if someone forgets about it, the exemption is lost and the tax office will charge up to several percent of the value of the inherited property.

In further kinship groups – e.g. cousins, unrelated people, friends – the tax may amount to up to 20% of the value of the inheritance. Therefore, if someone wants to transfer the property to a person outside the immediate family, it is worth planning it in advance with the help of a lawyer to avoid unnecessary costs and formalities.

Why is it worth thinking about inheritance now?

My experience shows that November is the time when Poles are more likely to put their family and property matters in order. Seniors are wondering who to give their house or apartment to. Children begin to talk to their parents about how to avoid conflicts after their death. And the younger generation is increasingly inheriting properties bought on credit – which means that along with the walls, they also take over the debts.

This is why it is worth talking about inheritance when everything is still calm. A will, power of attorney, annuity agreement or analysis of the financial situation – these are actions that allow you to maintain control over the future and avoid family disputes. In Poland, we still tend to postpone these conversations “for later”, but it is the lack of decisions that most often leads to problems in court.

A modern approach to inheritance planning

There is more and more talk about the digitization of inheritance law – including the need to introduce a central register of wills, which will prevent situations where the document is not found after the death of the testator. In practice, more and more people also run the so-called digital property records: list of properties, bank accounts, investments and access passwords. This is a modern way of putting things in order, which can save your family many difficult moments.

Conscious inheritance – a decision that should not be postponed

Inheritance is not only a matter of law, but above all of responsibility. Too often I hear stories where a lack of conversation and documentation led to years of lawsuits and damaged relationships. Meanwhile, one visit to a notary, a consultation with a lawyer and a bit of courage is enough to clearly define your will. Because an inheritance is not only the property we leave behind – it is also the order that we leave behind. And it’s worth it being well planned.