Differences in national inheritance laws can sometimes make it more favorable for an heir to inherit under the legal system of a different country, such as the country where the deceased last resided. In today’s world, where individuals often live and accumulate assets in multiple countries, cross-border inheritance issues are increasingly common. In each case, the court must first determine if it has jurisdiction to hear the matter, assessing whether the deceased's last habitual residence was in that country.
According to Article 1108, sections 1 and 2 of the Polish Civil Procedure Code (CPC), Polish courts have jurisdiction over inheritance matters if the deceased was a Polish citizen at the time of death, or had a place of residence or habitual residence in Poland. Jurisdiction also applies if the inheritance or a significant part of it is located in Poland. This type of jurisdiction is optional, meaning that the application for inheritance confirmation can be reviewed by a Polish court or a foreign court, and the choice of jurisdiction depends on the potential heirs. The presence of just one of the circumstances outlined in Article 1108 CPC is sufficient to establish Polish jurisdiction.
Since August 17, 2015, Regulation (EU) No. 650/2012 of the European Parliament and of the Council of July 4, 2012, on jurisdiction, applicable law, recognition, and enforcement of decisions, acceptance, and enforcement of authentic instruments in succession matters, and on the creation of a European Certificate of Succession (Official Journal of the EU L No. 201, p. 107 as amended) has applied within Polish law. This regulation governs the jurisdiction of Member State courts and applicable law in succession cases, and it applies to inheritances of individuals who passed away on or after August 17, 2015.
Article 4 of the regulation specifies that courts in the Member State where the deceased had their habitual residence at the time of death have jurisdiction over all matters related to the inheritance. This means that, generally, for succession cases involving citizens of any EU Member State, jurisdiction lies with the court of the country where the deceased had their habitual residence, superseding the linking system in Article 1108 CPC. The concept of a "single succession" adopted by the regulation directly influences the jurisdictional scope of Member State courts in inheritance matters, covering the entire estate of the deceased, regardless of its composition or value. Recital 37 of the regulation’s preamble emphasizes that for legal certainty and to avoid fragmented inheritances, all succession-related matters should be governed by a single law, covering the entire estate, regardless of the type of assets or their location, whether in another Member State or a third country.
The provisions of Regulation No. 650/2012 replaced the jurisdictional rules within the CPC, both in contentious and non-contentious proceedings, to realize the regulation's goal of concentrating jurisdiction in one Member State for succession matters. The regulation’s intent is that there be only one succession proceeding, with its outcome recognized by all Member States. Under the regulation, the jurisdiction over the entire inheritance generally lies with the country of the deceased’s last habitual residence.
Under Article 21 of the Regulation, unless otherwise specified within the Regulation, the applicable law governing all succession matters is the law of the state in which the deceased had their habitual residence at the time of death. In exceptional cases, where it is clear from all circumstances that the deceased was more closely connected with a different state than that determined under paragraph 1, the law of that other state shall apply to the succession. As noted in Recital 27 of the Regulation’s preamble, "the provisions of this Regulation are designed to ensure that the authority dealing with the succession applies its own law in most cases."
Under Article 15 of the Regulation, if a succession case is brought before a court of a Member State that lacks jurisdiction under the Regulation, the court must declare its lack of jurisdiction ex officio. The lack of domestic jurisdiction is considered ex officio at any stage of proceedings (Article 1099 § 1 of the CPC). When a lack of jurisdiction is established, the court rejects the claim or application, as proceeding with it would render the proceedings invalid.
In examining the case, the court relies on documentary evidence, as well as testimony and inheritance assurances provided by the parties. In inheritance confirmation proceedings, the court’s role is determined by a statutory mandate to act ex officio, rendering a decision independently of the parties' requests or positions. This decision is based on the results of the evidentiary proceedings and the applicable substantive law. However, this does not override general evidentiary rules, nor does it relieve interested parties of the obligation to prove assertions from which they derive favorable legal outcomes. It does not impose a duty on adjudicating courts to conduct ex officio evidence proceedings. The primary focus is to determine, based on the evidence gathered, who the rightful heir is (Supreme Court Decision of September 9, 2011, I CSK 12/11). According to Article 6 of the Civil Code (CC), the burden of proof lies with the party seeking to establish legal effects based on a fact. A party’s mere assertion is not evidence; assertions about facts relevant to the case must be substantiated by the party making them. According to evidentiary rules, it is up to the parties to gather the case material, with the risk falling on a party who fails to submit evidence, as unproven assertions cannot form the basis of the court's decision. Therefore, a party that fails to substantiate its claims will lose the benefits it might have gained by actively doing so.
Pursuant to Article 1025 § 1 of the CC, the court, upon the request of an interested party, confirms the inheritance acquisition by the heir. The term "interest," as used in Article 1025 § 1 of the CC, is understood broadly and is not limited to legal interest. Thus, any person with an interest in the effects associated with a court-issued inheritance confirmation may submit such a request.
According to Article 926 § 1 of the CC, an inheritance may be established by law or by will, with priority given to a will, as it best reflects the will of the decedent. Article 926 § 2 of the CC stipulates that statutory succession over the entire estate applies when the decedent has not appointed an heir, or when none of the appointed individuals wish to or are able to inherit. Additionally, statutory inheritance applies if the decedent has made a will that is found to be invalid.
In accordance with Article 670 of the CPC, the court of succession ex officio investigates who the heirs are. It verifies whether the decedent left a will and calls upon any person likely to hold it to submit it. If the will is submitted, the court opens and announces it. When no will is left by the decedent, the court bases its inheritance confirmation on statutory succession, relying on official documents such as an abridged copy of the death certificate, marriage certificate, and birth certificate.