The government is working on a revision of civilian law to address conflicting successions. The draft changes are to be completed by the end of this year. The improvement besides plans to regulate the alleged oral wills through the introduction of alleged "audio-visual testamants".
According to information published on the website of the Chancellery of the Prime Minister, the Ministry of Justice, and specifically Deputy Minister Zuzanna Rudzińska-Bluszcz, he is working on a draft amendment of the civilian Code and the civilian Procedure Code. The government intends to adopt the task in the 4th fourth of this year.
As announced in the list of government works, the draft is intended to include a proposal allowing courts to repeal earlier inheritance decisions with respect to the same inheritance. The press spokeswoman stressed that the fresh proceedings were intended to remove decisions that were unlawfully issued.
The problem of conflicting successions was raised late by the Ombudsman, Marcin Wiąck, who called for the intervention of the Ministry of Justice. He expressed the request for a systemic solution to this issue at the statutory level.
This situation became even more pressing after the establishment of an emergency complaint in 2018. A large number of complaints afraid successions, which led to consideration of changes in law. The errors of the courts which led to a situation where the same court takes a decision in the same case at the request of the various heirs caused confusion about the succession and the rights of heirs.
It has so been announced that the fresh proposal will facilitate the repeal of earlier succession decisions, which is crucial due to the current legal constraints that prevent this from happening fully. There are presently only 2 ways to repeal specified decisions, but both have their limitations, especially as regards older decisions.
‘The existing primary preventive mechanics to prevent the issuance of 2 inheritance provisions on the same inheritance is the registry of Derivatives held by the National Notary Council and the work of the courts to enter into the registry of both the provision of the inheritance acquisition and the examination of the entries in that registry by the court at the time of the beginning of the succession acquisition procedure’, indicated. It was recalled, however, that the registry of successions in relation to judicial successions has only been in operation since 2016.
In addition, the planned task aims to review the rules on the formation of oral wills. It was stressed that this modification was intended to reduce attempts to falsify specified documents.
Among the changes there will besides be crucial shortening of the deadlines for drawing up the oral will. According to the fresh formulation of the rules, the content of the declaration of will of the heir will should be written immediately, but no later than 1 period after its determination by 1 of the witnesses. This list shall take into account the place and date of the declaration of will, the place and date of the document, and the circumstances justifying the creation of the oral will.
The draft besides provides for the introduction of a provision in the civilian Code that will regulate a fresh way of drawing up an oral will, the alleged audiovisual oral will. It has been noted that it will be recorded utilizing a device that saves the image and sound on a durable data medium, which will enable their later reproduction.
In addition, changes to the government on military wills are planned and the already obsolete kind of travel will is to be liquidated.
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