Renouncing an inheritance on behalf of minor children is a process that requires special attention, especially when the procedure takes place abroad, such as in the United Kingdom. Below, we present the most important information that will help understand how to properly navigate this process, taking into account Polish legal regulations and formal requirements.
Renouncing an Inheritance on Behalf of Minors – How Does It Work?
According to Polish law, parents have the ability to renounce an inheritance on behalf of their child, but this process requires fulfilling certain conditions:
- 6-Month Deadline: The declaration to renounce the inheritance must be made within 6 months from the moment the inheritor learns about their entitlement to inherit. This deadline starts from the moment the heir becomes aware of their inheritance title (e.g., after the inheritance is renounced by other heirs).
- Submitting the Declaration Before a Notary in the UK: Parents can submit a statement to renounce the inheritance on behalf of their minor children before a notary in the UK. This eliminates the need for parents to travel to Poland, significantly simplifying the process. However, the documents signed by the notary must undergo the legalisation process (apostille) to be recognised by the Polish court.
When is Court Approval Required?
Currently, parents can renounce an inheritance on behalf of their minor children without the need for approval from a guardianship court if:
- The inheritance was passed to the child as a result of renouncement by a previous heir.
- The other parent, who holds full parental authority, agrees to this action.
If the child inherits directly from a parent or relative (first line of succession), or if the other parent's consent is not given, court approval from either the guardianship court or the probate court is necessary.
Apostille – How to Legalise Documents?
Documents signed by a notary in the UK must be authenticated with an apostille to be recognised by the Polish court. An apostille is a special certificate that confirms the authenticity of the document. This process is carried out by the Foreign, Commonwealth & Development Office (FCDO).
- Processing Time: The standard processing time for an apostille is currently 5 working days. There is also an express option, which allows the apostille to be obtained within 2 working days.
- Requirements: The documents must be original and notarised in the UK. The apostille is essential for the documents to be recognised in Poland.
Legal Assistance
Both renouncing an inheritance and the process of obtaining an apostille can be complex, especially when dealing with international procedures. In such cases, it is advisable to seek legal assistance. An English notary does not provide advice on Polish law, so in case of doubts, it is recommended to consult a lawyer specialising in inheritance law in Poland.
Our Wozniak Notary Office in the UK offers support in preparing final documents and obtaining an apostille. If necessary, we also collaborate with lawyers in Poland who can assist in resolving any legal uncertainties.
