On certification of succession and the need for further changes in the law of succession

Abstract

In the years that have elapsed since 1989, when the process of system transformation began in Poland, amendments have been made to the Civil Code relating to inheritance law. The need for change was clearły felt, and shown, not only in legal circles but also by the public. The pre-1989 inheritance law provisions, contained a very narrow circle of heirs which reftected the ideology of the former system and which followed through after its transformation. The Circle of Heirs law has now been emended, but it seems that further revision is needed as the Treasury still reacts to quickly in claiming succession under the inheritance law (art. 93 BC). Changes in the inheritance law now make it possible for a certificate of succession to be drawn up by a notary, but not in every case. All heirs must first give their consent. Hitherto, only a court could determine the full provisions of inheritance law but now some issues can be undertaken by a notary. Poland has moved forward and so too has the role of the notary within the scope of obligations imposed by law.