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Remarks about the Inclusion of Donations and Specific Bequests in the Inherited Share

Summary/Abstract: This article discusses the problematic aspects related to the inclusion of donations and specific bequests in the inherited share, provoking controversy in legal doctrine and judicial practice. The author presents specific issues in detail, and then goes on to express his view on each of them. The comments on the adjustment to Article 1039 of the Civil Code are not only proposals de lege lata, some are proposals de lege ferenda. Although the provision of the inclusion of donations and specific bequests in the inherited share does not seem to require immediate attention from the Polish legislator, there are many rational arguments for the above-mentioned adjustment. There are several courses of action for the possible future amendment to Article 1039 of the Civil Code: removing the obligation for the inclusion of donations and specific bequests in the inherited share or reversing the mechanism of the law in question by assuming that donations and specific bequests will be subject to inclusion only under the testator’s will. It is also conceivable that the amendment would be small, and would take into consideration the comments made in this article.

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