In accordance with the Resolution of 7 ultimate Court Judges of 22 May 2018 (III CZP 102/17) – ‘The submission by parents on behalf of a insignificant kid of a declaration of rejection of the inheritance is an activity beyond the average management of the child’s assets.
In addition, as the ultimate Court pointed out in its judgement of 16 November 1982, the signature of Act I CR 234/82, the representation of the parent in the property matters of the child, if it includes activities exceeding the scope of the average board, requires the authority granted by the guardian's court.
Therefore, before parents make a message that they reject the inheritance on behalf of a insignificant before a notary or before a court (the legislator has left the minor’s parents with a choice in this matter), they must get the court’s consent.
Time limit for action.
In the same resolution of 2018, the ultimate Court besides referred to doubts about the deadline. In accordance with Article 1015(1) k.c., a declaration of acceptance or rejection may be made within six months of the date on which the heir learned of the title of his appointment.
‘The time limit provided for in Article 1015(1) may not end before the final completion of the procedure for the authorisation of the insignificant heir to submit a declaration of rejection. After the final completion of this procedure, the message of the insignificant should be made immediately, unless the time limit has not yet expired.’ – recognized the ultimate Court.
Formal requirements of the proposal.
An application for authorisation to carry out an activity beyond the average management of the minor's assets (in the said inheritance rejection alert) must be submitted by the parent to the guardian court competent for the residence of the minor's kid and, in the absence of his residence, the child's custody court is appropriate. If, and on this basis, the competent court cannot be determined, the courts will be the territory Court for Warsaw.
The fee on the application presently amounts to PLN 100.
One application may cover respective children, provided that the fee is multiplied according to the number of children covered.
The mandatory elements of the proposal are:
identification of the parties and the court, kind of letter, warp application or declaration,
an indication of the facts and evidence of their demonstration,
the signature of the organization or its legal typical or representative,
listing of annexes,
identification of the place of residence or registered office, addresses of the parties and representatives, PESEL number, possibly besides NIP, KRS,
an appropriate number of copies;
the recognition of the request, i.e. the consent to reject the succession by the name of the minor;
whether the parties have attempted mediation or any another out-of-court solution to the dispute.
IMPORTANT!
Allowing the court to reject the inheritance means that the parent may make a declaration on behalf of the kid that the inheritance is rejected, which is equivalent to granting him specified a right, and does not imply imposing specified an work on him. The parent may not make a message of rejection of the inheritance on behalf of the kid if he considers that it will be beneficial for them or decides as a statutory typical of the kid on his behalf to repay the debt of the inheritance.
The application may be submitted by 1 of the parents or both. If 1 of the parents decides to submit an appropriate application, then the another of the parents should be identified as a associate in the proceedings to be held before the guardian's court. However, this affects the subsequent submission of a declaration of rejection of the inheritance on behalf of the child. It is crucial that a message of refusal of inheritance on behalf of a insignificant kid should be made by the parent or guardian whose household court has authorized the provision.
For more information, delight contact Karolina Pawlikowska's Attorney's Office. Legal assistance is provided throughout the country, including mainly in Belchatów and Piotrków Trybunalski and Łódź.
Tel: 500024241, mail: [email protected]
