Poland in Armenia

The notion of "cross-border succession (inheritance) procedures" refers to the cases, where there are elements of the legislation of several countries. For instance, the deceased had Polish citizenship, lived in Armenia during the last years of his/her life, but most of the property (e.g. real estate) is located, for example, in the Czechia.

 

When dealing with cross-border proceedings, three elements must be ascertained:

 

• which courts will be competent to hear a given case,

• the law of which country should the courts apply when examining/hearing the case,

• in which country the judgment will be enforced.

In the case of inheritances opened before 17 August 2015 (the date of opening of the inheritance is the moment of the testator's death), the court competent to hear the succession will be the Polish court, provided that the testator at the time of death was a Polish citizen or lived or resided in Poland. In addition - even if the person was not a Polish citizen or did not live in Poland - in a situation where the inheritance property or the significant part of is in the territory of the Republic of Poland or the property includes real estate located in the territory of the Republic of Poland, Polish courts will also have competence to conduct inheritance proceedings.

For inheritance cases opened before 17 August, 2015, the applicable law is the testator's native law at the time of his death (i.e. the law of the country of his/her citizenship). However, if the testator made a statement before his death (e.g. in a will) that he subjects the case to the law of his habitual residence at the time of submitting such a declaration or at the time of his/her death - the succession proceedings will be conducted according to this law.

 

Note! The enforceability of a judgment issued regarding the inheritance case before August 17, 2015 should be verified each time in the country in which such judgment is to be presented for realization.

In matters of succession/inheritance it is advised to use the services of a legal advisor or an advocate. A list of law firms operating in Armenia is available in the "List of lawyers, notaries and translators" tab.