TOMASZ PRZYBECKI
06-12-2011

Succession law – cassation appeal

At the request of the client, the law firm prepared a cassation appeal to the Supreme Court in a case of evasion of the effects of accepting the inheritance directly due to the expiration of the 6-month deadline for submitting a declaration on acceptance or rejection of the inheritance.

The client tried to evade the court’s acceptance of the inheritance, claiming error in the form of lack of awareness of inheritance debts and error as to the law (error iuris). The courts of both instances did not share the client’s position, so the only chance remains a cassation appeal to the Supreme Court.

[update] The Supreme Court shared the law firm’s objections and overturned the appealed ruling of the district court, which further allowed the clients to escape the consequences of accepting the inheritance outright.