When the testator wishes to transfer specific items of property to a person designated by them, they may do so by establishing a testamentary bequest. In such a case, the beneficiary does not become an heir but a legatee. In the case of an ordinary (simple) bequest, this results in no liability for the debts of the estate; however, ownership of the bequeathed item does not pass to the legatee automatically. The legatee may demand that the heir transfer ownership of the specified item. In the case of a vindicatory bequest, the legatee is liable for the debts of the estate and, in certain situations, also for the reserved share (forced heirship claims).

What impact does a testamentary bequest have on determining shares in inheritance?
If the bequests established by the testator cover almost the entire estate, the legatees are regarded as heirs appointed to the whole estate. In such a situation, the size of their shares is determined proportionally to the value of the items allocated to them.

What if there is no local zoning plan in the municipality where we are planning a construction project?

As a general rule, in such cases it is necessary to apply to the municipality for a decision on development conditions (zoning decision). A prerequisite for issuing such a decision is that the planned investment complies with generally applicable legal regulations.

Despite the fact that the study of conditions and directions of spatial development is not an act of local law and therefore is not universally binding, its provisions cannot be disregarded when issuing a zoning decision. This is confirmed by numerous rulings of administrative courts and by the prevailing view in legal doctrine, according to which the study forms the basis for all actions undertaken within a municipality in the field of spatial planning and development.
By way of example, reference can be made to the judgment of the Supreme Administrative Court of August 6, 2009 (case no. II OSK 1250/08):
“(...) the above regulation does not mean that administrative decisions issued for areas covered by the study may be inconsistent with its provisions.”

as well as the decision of the Supreme Administrative Court of February 12, 2016 (case no. II OSK 260/16): “Thus, there is a close relationship between the study and the local plan, which means that it cannot reasonably be argued that the study has no significance for the property owner. On the contrary, although the study is not an act of local law, by binding municipal authorities when adopting a local plan, it has a significant impact on shaping the legal situation of a property owner located within the municipality.”

In conclusion, if an investor plans a project in an area not covered by a local zoning plan, it is essential to verify whether the investment complies with the study of conditions and directions of spatial development for that area.

A vacant inheritance is an inheritance that has not been taken up by heirs. A heirless inheritance, on the other hand, is an inheritance for which there are no heirs. And such inheritances passed – in accordance with the provisions of the Napoleonic Code – to the Treasury.

A few years ago, the bodies of the State Treasury started to question the acquisition of inheritances by the heirs of former property owners, claiming that these rights had passed to the State Treasury and had never been acquired by these heirs.

A rather serious legal problem has thus arisen in this respect.

The case law of common courts confirms, however, that an inheritance cannot be considered vacant and heirless if the heirs have taken over the inheritance, and performed ownership activities, e.g. administering the real property, filing a decree motion for granting a temporary ownership right to the real property, etc.

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