Legislator Case Law & Legislation
I C 2171/13 AI generated

Court awards heir's share based on gross estate value including testamentary legacies, rejecting deduction of debts.

Case Number I C 2171/13
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court ordered the legatee to pay the plaintiff a specific sum representing his statutory heir's share. The plaintiff argued that as the sole statutory heir, he was entitled to half of the estate's value, while the defendant claimed the estate value should be reduced by the legacies already paid. The court ruled that under the Civil Code, legacies must be included in the gross estate value when calculating the heir's share and cannot be deducted as debts. Consequently, the court awarded the full calculated amount plus litigation costs to the plaintiff.

Legislator headnote

AI generated

Art. 991 k.c.; Art. 993 k.c.: When calculating an heir's share, the value of legacies and mandates made by the decedent must be included in the gross estate and cannot be deducted from the assets.

Keywords

AI generated
heir's share statutory succession testamentary legacy gross estate value Civil Code provisions litigation costs estate calculation

Cited Legislation

AI generated
Art. 991 k.c.
Art. 993 k.c.
Art. 98 k.p.c.
§ 6 pkt 6 Rozporządzenia Ministra Sprawiedliwości z dnia 28 września 2002 r.
art. 911 k.c
art. 993 k.c
art. 991 k.c
art. 98 k.p.c

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