The gift of an flat and the right to keep

Donation is governed by Article 888 of the civilian Code and consists of the free transfer of assets by the donor to the recipient without waiting for a return. Care, as described in Article 991 of the civilian Code, is intended to safe the financial safety of the closest household members of the heir (conjunctives, spouse and parents) who could inherit by law but were omitted in the will.

Right to storage

The right to retention is peculiarly crucial erstwhile the heir in life has transferred crucial assets, e.g. housing, 3rd parties, reducing the value of the inheritance. In specified a situation, a donation could be utilized to circumvent the inheritance laws, so a retainer protects the statutory interests of heirs. In determining the amount of the maintenance, account shall besides be taken of the value of the donations made by the inheritancer in life to guarantee that the heirs receive the due condition of the property.

The gift of an apartment

This is due to any donation that importantly reduces the value of the inheritance. A claim to supplement the maintenance may apply to both real property and valuable movable property. It is crucial to find the marketplace value of the property at the time of the donation and at the time of the beginning of the inheritance.

Rightholders may bring a claim against the talented person, even if he is not the heir. However, if a donation was made more than 10 years before the heir's death, the law does not require it to be included in the inheritance mass erstwhile calculating the maintenance.

Calculation of storage

The maintenance value shall be calculated on the basis of the current marketplace value of the property. For example, if the parent has given the kid the property and its value has increased importantly until the donor's death, the remaining heirs may apply for a retainer corresponding to the current marketplace value of the property.

Example of retention calculation:

• Market value of the apartment: PLN 500,000
• The statutory heir would benefit PLN 250,000 in inheritance.
• The discount for an adult, a full-fledged rightholder is half of this amount, or 125,000 zł.
• For minors or permanently unfit to work, the allowance shall be 2/3 of the amount of the statutory inheritance.

The investigation process

In order to get a retainer from the flat donation, heirs must make an appropriate claim. The claim is addressed to the talented one, who must pay the eligible money.

Summary

• Behaviour protects the statutory interests of the heirs, safeguarding them from the effects of crucial donations made by the heir in life.
• The right to keep is due to any donation that reduces the value of the inheritance.
• The tallness of the hem depends on the degree of kinship and life situation of the heir.
• The process of investigation requires the determination of the marketplace value of the donated property at the time of the donation and at the time of the beginning of the inheritance.

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Daniel Głogowski

Expert in his field – Publicist, author and social activist. The first articles were published in 1999 for global publishers. For more than 30 years, he has gained his experience through cooperation with the largest editorial offices. In his articles, he seeks to address controversial topics and present first viewpoints that allowed for a deeper knowing of the issues discussed.