The succession is opened when the testator dies
What does this standard currently implied by Art. 924 of the Polish Civil Code mean? At the time of the opening of the succession, the property of a deceased individual – the totality of his rights and obligations – becomes an inheritance and is subject to succession. This date cannot be postponed, nor can exceptions be made. Proof of the moment of death of an individual is the contents of his death certificate.
So why is this date so important? Because it determines, among other things, the law applicable to the succession of the testator. The date thus indicates which laws will apply. This is especially important in the context of inheritances whose acquisition has not been established for a long time. For example, the succession of a person who died on a certain date in 1985 will follow the laws of that date, which can often lead to a different determination of the circle of heirs or the possibility of their succession, such as with farms.
In extreme cases, the rules that will be applied will not be the Civil Code, but the Inheritance Law Decree of October 8, 1946, or even the laws of Poland’s pratitioning countries, which were in effect with regard to inheritances until the enactment of the above decree. However, in the matter of inheritances opened before the Decree came into force, there is a good chance that the acquisition of the inheritance has already been established, as such proceedings were initiated ex officio in the respective legal orders at the time.
