Divisibility of claims after opening the inheritance.

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Warning! AUTOMATIC TRANSLATION FROM POLISH LANGUAGE

The Supreme Court stated in a judgment of 9 May 2019 (I CSK 198/18) that the claim ceases to be divisible upon entry into inheritance and the heir cannot claim his share. It may turn out that even if a given person is an heir (which is confirmed in the confirmation of the inheritance purchase or confirmation of inheritance), it may turn out that as a result of the division of the inheritance they will not be given the given claim. It may even happen that a given heir will not receive anything if, for example, during the testator’s lifetime he received donations covering his entire inheritance share.