Who will inherit if the deceased had no children — The Supreme Court of Poland resolved the dispute between the widow and the brother

Even if one of the parents renounced the right to inheritance in advance, it does not mean that the deceased's brother or sister automatically lose the right to a share of the inheritance. This conclusion was made by the Supreme Court of Poland after considering the dispute between the deceased's widow and his half-brother.

Thus, the Civil Chamber of the Supreme Court of Poland made a decision clarifying the rules of inheritance between brothers and sisters in cases where one of the deceased's parents previously signed a contract renouncing inheritance.

The court concluded that the renunciation of inheritance by one of the parents, which also extends to their descendants, does not deprive the deceased's brothers or sisters of the right to inherit the part of the property that would have belonged to the other parent if that parent died before the deceased.

What the dispute was about

The Supreme Court of Poland was approached by the district court of the city of Gliwice, which was considering the inheritance case after the death of a man named Dariusz S.

His wife, Olga S., filed a claim to recognize her right to the inheritance. She stated that her husband died intestate, had no children, his mother died earlier, and his father had renounced the right to inheritance during his lifetime.

However, the deceased's half-brother, Jan M., also claimed the inheritance. He insisted that he had an independent right to inherit.

The court of first instance agreed with his arguments and ruled that the inheritance should be divided as follows:

• the deceased's wife — 3/4 of the inheritance;
• the half-brother — 1/4 of the inheritance.

Why the brother received a share of the inheritance

During the case, the court established that Dariusz S. left no descendants, and his mother died before the inheritance was opened.

According to Polish civil law, if one of the deceased's parents does not survive until the opening of the inheritance, their share passes to the deceased's brothers and sisters in equal parts.

At the same time, the right of brothers and sisters to inherit is their own right and does not arise as a derivative of the parents' rights.

That is why the court concluded that even if the deceased's father renounced the inheritance, this cannot automatically deprive his children of the right to inherit the share that would have belonged to the other parent.

Position of the Supreme Court of Poland

The Supreme Court faced the question: do the consequences of one parent's renunciation of inheritance extend to the deceased's brothers and sisters, and how should the inheritance be distributed between them and the deceased's spouse in such a case.

By the ruling of June 3, the Civil Chamber of the Supreme Court of Poland confirmed that the renunciation of inheritance by one parent does not affect the right of the deceased's brothers and sisters to receive the part of the inheritance that passes to them due to the death of the other parent before the opening of the inheritance.

In fact, the court recognized that the deceased's brother or sister has their own right to such inheritance, which is based on the family relationship with the deceased, and not on the rights of the father or mother who renounced the inheritance.

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