Unworthiness to Inherit Under Polish Law: When Can an Heir Be Excluded?

Polish inheritance law starts from the presumption that anyone who meets the formal conditions (a family relationship, marriage) has a right to inherit. There is, however, an exception: a person can be excluded from inheriting on the grounds of unworthiness — where they have acted in a way that breaches the most basic values (attempting to kill the deceased, forging a will, or committing a deliberate crime). Article 928 of the Polish Civil Code (Kodeks cywilny, "KC") sets out the grounds for unworthiness and the procedure for establishing it. A finding of unworthiness has to come from a court, and it requires evidence and a formal judgment. This is worth knowing if you suspect another heir was involved in some form of criminal conduct against the deceased, or if you simply want to understand Polish succession law better. This guide covers the grounds for unworthiness, the procedure, the deadlines, and — crucially — the possibility of the deceased forgiving the person concerned.

This article deals with Polish law. ⚠️ In the UK, the equivalent rules on disqualifying an heir work differently (see: forfeiture rule / the "unworthy heir" concept in English law).

Disclaimer: This guide is general legal information, not legal advice. How the rules apply depends on your individual circumstances, and every unworthiness case requires its own separate court proceedings. If you are considering bringing a claim of unworthiness against someone, the matter should be assessed by a qualified Polish lawyer. Twoja Sprawa helps you organise the documents for that assessment.

Article 928 KC — the grounds for unworthiness

Article 928 of the Polish Civil Code lists five grounds for unworthiness:

1. An attempt on the life of the deceased (or an attempted act)

If a person attempted to kill the deceased or otherwise made an attempt on their life, they can be excluded from inheriting.

What this means: - An "attempt" means taking action aimed at causing the deceased's death. - The act must have been carried out with intent (not an accidental act). - An attempted act counts the same as a completed one.

Examples: - A shot at the deceased but missed — an attempt. - A tried to poison the deceased — an attempt. - A caused a car accident intending to kill the deceased — an attempt.

⚠️ Note: A direct act (a physical assault, a beating that causes loss of consciousness) counts as an attempt. Negligence or an oversight (an unintentional act) does not.

2. Forging or destroying the will

If a person forged a will (drew up a fake document purporting to be the deceased's will) or destroyed (physically destroyed) the deceased's genuine will, they can be excluded.

What this means: - Forgery: drawing up a document meant to look like the deceased's will, when it is not. - Destruction: the deliberate destruction of a genuine will (burning, tearing up, throwing it away).

Examples: - B wrote a will and passed it off as the deceased's own — forgery. - B destroyed the deceased's genuine will in order to benefit under the statutory (intestacy) rules instead — destruction.

3. A deliberate crime against the deceased carrying a custodial sentence

If a person deliberately committed a crime (an offence carrying at least the possibility of imprisonment) against the deceased, they can be excluded.

What this means: - A "crime" here always means a deliberate act (not negligence). - The offence must carry at least the possibility of a custodial sentence (a fine alone is not enough). - The offence must have been committed against the deceased personally (not against someone else).

Examples: - C beat the deceased, causing serious injury (an offence carrying a custodial sentence) — a deliberate crime against the deceased. - D stole jewellery worth PLN 10,000 from the deceased — theft (an offence carrying a custodial sentence). - E defrauded the deceased of money — fraud.

⚠️ Note: If the offence does not carry the possibility of imprisonment (e.g., it is punishable by a fine only), unworthiness does not apply.

4. Abuse of the deceased

If a person abused the deceased (abuse meaning systematic, prolonged physical or psychological mistreatment), they can be excluded.

What this means: - Abuse is not a single act — it is a pattern of repeated conduct (repeated beatings, insults, neglect, being ignored). - It must be systematic and sustained (at least several incidents over a reasonable period). - It must cause suffering (physical or psychological).

Examples: - F regularly hit the deceased (her own mother), treating her like a servant, without ever insulting her — abuse. - G neglected the deceased (withholding food, medication, hygiene care) despite being her carer — abuse.

⚠️ Note: A single incident does not amount to abuse. Abuse requires a pattern and persistence.

5. A justified failure to maintain contact or neglect of family duties

This ground is somewhat less clear-cut — it concerns evading duties owed to the deceased where those duties arose by law (for example, a maintenance or care obligation).

What this means: - The person had a statutory obligation (e.g., an adult child's duty to support a parent in need). - They evaded that obligation without good reason. - The deceased expressly condemned this (for example, in the will).

Examples: - H, an adult daughter, did not pay maintenance to her unemployed father for many years, despite being able to — neglect.

⚠️ Note: This ground is rarely relied on and requires very clear evidence together with the deceased's express disapproval.

Court procedure — how unworthiness is established

Who can bring the claim

Anyone with an interest in the outcome — usually another heir who wants to exclude a rival from inheriting.

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Example: - The deceased had two sons: A and B. - B beat their father (the deceased) — A can bring a claim for a declaration that B is unworthy to inherit. - If the court confirms it, B is treated as if they had died before the deceased, and their share passes to A (or to B's own children, if B has since died).

Where and how to file the claim

  1. The District Court (Sąd Rejonowy) with jurisdiction over the deceased's last place of residence (civil or family division).

  2. Form of the claim: - A written claim (usually filed as a civil claim/statement of case). - It must include: details of the deceased and of the heir concerned, the ground for unworthiness relied on, and the evidence. - A signature and a statement that the claim is factually grounded.

  3. Supporting documents: - Documents supporting the ground relied on (criminal court judgments, medical records, witness statements, etc.). - For an attempt on life — the criminal court judgment (if there was one). - For forgery — a handwriting expert's opinion.

  4. Court fee — usually PLN 100–500 (depending on the court and the value of the estate).

The deadline for bringing a claim

This is very important — the deadline is strict:

In practice: - If you learn of an attempt on the deceased's life 5 years after their death, you have 1 year from learning of it to bring the claim (but never later than 3 years from the opening of the succession). - If you only find out in the 4th year after the succession opened, it is already too late — regardless of when you found out.

⚠️ Note: These deadlines are strict. If you miss them, you can no longer bring a claim of unworthiness.

The court proceedings — what to expect

Stage 1: The court's initial handling

  1. The court sets a hearing date.
  2. The person accused of unworthiness becomes a party to the proceedings (they must be notified).
  3. The parties submit evidence (documents, witness testimony, expert opinions).
  4. The court hears witnesses (if any are called).

Stage 2: The judgment

The court will hand down a judgment: - If it finds the ground for unworthiness proven — it declares the person unworthy and excludes them from inheriting. - If it does not — it dismisses the claim, and the person remains an heir.

Stage 3: Appeal

Either party can appeal to the Court of Appeal (Sąd Apelacyjny).

The effect of a finding of unworthiness

If the court confirms unworthiness, the person concerned is treated as if they had died before the succession opened (Art. 928 KC).

What this means in practice:

Example: - The deceased: a grandfather (Ś). - Heirs: two sons (A and B), each with 2 children. - B made an attempt on grandfather Ś's life. - The court declares B unworthy. - The estate is divided as follows: - A receives 1/2 (his full share as a son). - A's children: nothing (because their father is alive). - B's children split B's 1/2 share — each gets 1/4 of the whole estate. - B — nothing.

⚠️ Note: Unworthiness does not affect the reserved share (zachowek, a statutory minimum entitlement for close family) — an unworthy person may still be entitled to a minimum share unless the testator expressly excluded this in the will.

Forgiveness by the deceased — how it cancels unworthiness

This is very important — the deceased can forgive the person concerned, and that forgiveness rules out any later finding of unworthiness.

How forgiveness works

  1. The testator states in the will that they forgive the person (e.g., "I forgive my son B for attempting to kill me").
  2. The testator expressly names the unworthy person in the will, leaving them something (thereby showing they still want to provide for them).

The effect of forgiveness

If the forgiveness is expressly stated in the will, unworthiness can no longer be established — even if the ground for it comes to light later.

Example: - The testator wrote: "I forgive my son Robert for attempting to kill me in 2020. I leave him PLN 100,000 from my estate." - After the testator's death, the other heirs cannot bring a claim of unworthiness against Robert — because the testator already forgave him.

⚠️ Note: The forgiveness must be express and conscious — a court will not infer the testator's intention.

Unworthiness and the reserved share (zachowek)

This is a question many people ask:

Can an unworthy person still claim a reserved share?

The law is not entirely clear-cut, but the general rule is: if the court finds unworthiness on the grounds of an attempt on life, forging a will, or a deliberate crime, the unworthy person loses their entitlement to the reserved share as well.

Where unworthiness is based on abuse or neglect, however, the position is less clear, and the court may deal with it on a case-by-case basis.

⚠️ Note: This point is genuinely contested — different courts may take different views. If it is relevant to your case, take advice from a Polish lawyer.

Frequently asked questions (FAQ)

Who can be found unworthy to inherit? Any heir (whether under the statutory rules or under a will) — if one of the grounds in Art. 928 KC is met.

Does a criminal conviction automatically establish unworthiness? No — a criminal conviction confirms that the act took place (e.g., an attempt on life, theft), but the succession court still has to hand down its own separate judgment on unworthiness. A criminal conviction is, however, strong evidence.

Can I appeal if the court finds me unworthy? Yes — you can appeal to the Court of Appeal (within 2 weeks of the judgment).

What happens to assets an unworthy person already received from the estate before unworthiness was established? This is a complicated area — if they have already taken money or assets, they may be required to return them (the court will decide). This sometimes involves a separate set of proceedings to recover the assets.

Can unworthiness be established while the deceased is still alive? No — unworthiness relates to a succession, which only opens on death. If the person whose estate it will be is still alive, they can simply remove someone from their will instead.

Can I be found unworthy if I was drunk or of unsound mind when I made the attempt? The law does take mental capacity into account — if you were completely lacking capacity, this may reduce the finding, but it will not always rule out unworthiness altogether. The court assesses each case individually.

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Disclaimer

Twoja Sprawa is an information platform; we are not a law firm and do not provide legal advice. Every unworthiness case requires its own separate court proceedings and individual assessment. This article is for general information and educational purposes only — it is not legal advice and does not predetermine the outcome of any particular case. If in doubt, consult a regulated Polish lawyer (adwokat or radca prawny).

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