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  • LEGAL MATTERS

  • 13 mars 2018

    Information about legal matters

    INHERITANCE PROCEEDINGS

     

    Acceptance or rejection of inheritance in Poland

    Consul do not handle inheritance cases for Polish citizens in the receiving state. Consul's duties involve securing and acquiring the inheritance or other properties only for the State Treasury.

    In principle, an heir bears unlimited liability for the deceased’s debts. An heir may limit his or her liability in this regard by accepting the inheritance with the benefit of inventory. In such a case, an heir should make an appropriate declaration before a notary or the competent court within six months from the date on which he or she became aware of the inheritance. Heirs are jointly liable for the deceased’s debts.

    As per Polish Inheritance Law the general declaration pertaining acceptance or rejection must be submitted within 6 months from the day on which the heir has learnt about his or her title to inherit (or more commonly from the time the heir learnt of the testator's death).

    The Polish law generally provides for two possibilities to declare succession in Poland. A declaration of  or rejection acceptance of succession or a declaration of waiver of succession may be made before a court in Poland but also before a public notary in Poland (so called an act of attestation of inheritance).

     

    Rejection or acceptance of an estate on behalf of a minor

    Acceptance or rejection of an estate is one of the actions deemed as exceeding the scope of ordinary management of a minor’s property. Therefore, pursuant to Article 101.3 of the Family and Guardianship Code, permission granted by the Family Court is required. The Court grants permission upon the request of either parent or one parent after hearing the other. In deciding the case, the Court takes into consideration the legality of the action and its expediency, verifying that the minor’s property will not suffer any loss as a result of the acceptance or rejection of the estate. The permission, if granted, entitles the parents to accept or reject the estate on the minor’s behalf under general applicable rules.

     

    A valid proof of identity will be required when visiting the Consulate. When planning the date of your visit, you should take into account the six-month mandatory time window for the acceptance or rejection of an estate, indicated above.

     

    TRANSPORTATION OF ASHES OR BODIES TO POLAND

     

    Transport of human remains or ashes to Poland requires a permit issued by the local authorities in Poland (Starosta or Prezydent of the town or city) where the body is to be buried. Relatives can obtain it directly or via the funeral parlour.

    This permit must be presented to the Consul in order to obtain document allowing transporting human remnants or ashes to Poland.

     

    Only specialized transport companies holding relevant permits on international transport of bodies or funeral parlours are entitled to perform transportation of body remains.

     

    Consul in Stockholm issues permit for transportation of human remnants or ashes to Poland provided following documents are presented:

    1. The consular application form: tu będzie link do szwedzkiego wniosku
    2.  A permit (DECYZJA) issued by the Starosta or President of the Polish municipality where the remnants are to be buried (mentioned above)
    3. Death certificate issued by Skatteverket. Might be one of those documents:
    • Dödsfallsintyg med släktutredning. Registerutdrag
    • Underrättelse om dödsfall
    • Registerutdrag
    1. For coffins: Certificate from local health authorities stating that there was no communicable disease at the area at the time of the death, and that the cause of death of the individual to be shipped to Poland was not a communicable disease.
    2. For urns: the Certificate of Cremation

     

    While transporting ashes, please be advised to contact the airline directly to see what their policies are on travelling with cremated human ashes.

    Some airlines give passengers the option of checking the cremated remains as carry on item or as checked baggage like typical luggage. Other airlines require cremated ashes to be sent only via cargo. Contacting the airline will help ensure that you are not held up for unnecessary and preventable reasons.

     

    The consular fee in each case is 530 SEK paid in cash or by bank transfer (made out to "Embassy of the Republic of Poland"). Credit or debit cards are not accepted.

     

    AUTHENTICATION OF A SIGNATURE AND CERTIFYING A COPY OF A DOCUMENT

     

    Appointment to be made via www.e-konsulat.gov.pl

     

    In line with Art. 28 of the Act on Consular Law of 25 June 2015 (Journal of Laws, pos. 1274) at the request of a citizen or the public authorities of the Republic of Poland, the consul:

    1. Certifies statements or copies of documents;
    2. Witnesses and certifies signatures;

    The Consul can perform the above-mentioned activities also at the request of a foreigner or the public authorities of the host country, if they have effect in the territory of the Republic of Poland.

     

    For the certification of a signature, please bring:

    • your valid ID or passport
    • the document to be signed
    • the fee in cash (318 SEK for each signature).

     

    Attention! There is no possibility for certifying of a document in absentia, by telephone or by correspondence.

    Please take into account the fact that regulations of the Polish Law may demand the preservation of notarial form for the validity of certain legal actions, e.g. the real estate transfer deed signed or changes made to the agreement of a commercial company under the power of attorney. In such cases, the certifying of a signature under this type of a document by a consul is not possible (the action will be ineffectual).

    Attention! The Consular department does not prepare sample documents (including power of attorney) which will be signed.  The person wishing to obtain the certifying of the signature by the Consul should present to the embassy the previously prepared document in the Polish language.

     

    For certified copies, please bring:

    • the original documents,
    • the fee in cash (318 SEK for each copy).

     

    No fee is charged for pension-related certifications for polish citizens (valid polish ID or passport obligatory!).

     

    APOSTILLE

     

    The Government of Sweden has chosen Swedish public notaries (Notarius Publicus) as their officials, who are designated to certify with the Apostille the authenticity of Swedish public documents, seals, and signatures.

    Following the above, the performance of legalisations by the diplomatic or consular agents to which the Convention applies shall be exempted.

    A list of countries that have signed the Apostille Convention is available on the Hague Conference website www.hcch.e-vision.nl. The present Convention shall apply to public documents which have been executed in the territory of the Kingdom of Sweden and which have to be produced in the territory of the Republic of Poland.

    The following documents can be authenticated by apostille:

    • Certificates of civil status (certificates of birth, death, marriage and divorce)
    • Education documents (school reports, certificates, diplomas)
    • Trade register excerpts
    • Judicial decisions
    • Notarially certified copies of documents
    • Notarially certified translations
    • Further notarial documents (authorizations, last will, declarations)
    • Commercial documents legalized by a state organ of registration (articles of incorporation, registration certificates, tax registrations etc.)

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