Inheritance matters

a) Sentence:
I. divide Z.’s estate, which includes:

– cooperative ownership right to residential premises number (…) located in W.. at ul. (…) with an area of ​​60.20 m2 and a basement with an area of ​​5.50 m2, worth PLN 198,000;
– a share of 1/9 in an undeveloped property marked with geodetic number (…) with an area of ​​0.0991 ha located in G. at ul. (…) recorded in the land and mortgage register (…) with a value of PLN 20,000;
– car M. (…) year of production 2019, value PLN 29,000
– stylized sideboard with a top, worth PLN 10,800;
– gold ring worth PLN 1,500;
– men’s gold signet ring, weight 4.2 g, value PLN 350;
– gold earrings, weight 1.6 g, worth PLN 150;
– 4 paintings worth PLN 2,260;
notebook A. worth PLN 800
– LG L TV worth PLN 700;
– financial resources accumulated in the account at bank (…) S.A. in W. in the amount of PLN 90,000;
– the total value of PLN 435,525.54 in this way:

a) grant ownership to the applicant Y.:
– men’s gold signet ring, weight 4.2 g, value PLN 350;
– financial resources accumulated in the account at bank (…) S.A. in W. in the amount of PLN 90,000;

b) grant ownership to the participant in the proceedings X:
– cooperative ownership right to residential premises number (…) located in G. at ul. (…) with an area of ​​60.20 m2 and a basement with an area of ​​5.50 m2, worth PLN 198,000;
– stylized sideboard with a top, worth PLN 10,800;
– gold ring worth PLN 1,500;
– men’s gold signet ring, weight 4.2 g, value PLN 350;
– gold earrings, weight 1.6 g, worth PLN 150;
– 4 paintings worth PLN 2,260;
notebook A. worth PLN 800
– LG L TV worth PLN 700;

II. award the amount of PLN 107,212.77 (one hundred seven thousand two hundred twelve zlotys 77/100) from the participant in the proceedings X. to the applicant Y. payable within one month from the date the judgment becomes final, with statutory interest for delay from the due date to the date of payment.

III. Oblige the participant in the proceedings X. to deliver to the applicant Y. a gold signet ring weighing 4.2 g.

IV. order the sale of a 1/9 share in an undeveloped property marked with geodetic number (…) with an area of ​​0.0991 ha located in W. at ul. (…) recorded in the land and mortgage register (…) with a value of PLN 20,000 under judicial enforcement and determine the division of the sum obtained from enforcement between the parties 1/2.

V. Determine that the testator Z. made a provision in his will drawn up on January 1, 2019. to Z. by obliging Y. to pay X. the amount of PLN 123,000.

VI. Declare that the parties bear the costs of the proceedings related to their participation in the case.

b) Legal basis: Art. 680 – 689 of the Code of Civil Procedure

a) Sentence:

I. awards the plaintiff the amount of Y. PLN 132,378.71 (one hundred thirty-two thousand three hundred and seventy-eight zlotys and seventy-one groszy) from the defendant X. together with statutory interest from January 1, 2019. until the date of payment;
II. dismisses any further action;
III. orders the defendant to pay the plaintiff the amount of PLN 2,351.03 as reimbursement of the costs of the proceedings;
IV. does not charge the plaintiff with court costs;
V. orders the defendant to pay the State Treasury (District Court in Wrocław) the amount of PLN 10,442.85 as court costs.

b) Legal basis: Art. 991 – 1011 CC

a) Sentence:
I. post that falls after Z. who died on January 1, 2019 in v. recently permanently residing in W., pursuant to the Act, acquired:
– brother A. in 1/14 part,
– brother B. in 1/14 part,
– brother C. in 1/14 part,
– sister D. in 1/14 part,
– sister E.. in 1/14 part,
– sister F. in 1/14 part,
– sister D. and E. in 1/14 part, including the inherited share in a farm located within W., W. commune, consisting of plots of land no. (…) with a total area of ​​7.7830 ha , for which no land and mortgage register is kept, pursuant to the Act, they acquired:
– brother of S. M. s J. and Z. in 1/3 part,
– sister of C. R. (1) c. J. and B. in 1/3 part,
– sister A. N. c. J. and Z. in 1/3 part,
II. It orders that the amount of PLN 22 (twenty-two zlotys) be collected from the applicant Y. to the State Treasury of the District Court as unpaid expenses for reimbursement of the witness’s travel expenses.
III. It rules that the remaining costs of the proceedings are borne by the participants in the proceedings themselves.
b) Legal basis: art. 1025 – 1029 CC

a) Sentence:
I. awards the defendants X. and Y. jointly and severally to the plaintiff the amount of PLN 14,633.59 (fourteen thousand six hundred thirty-three zlotys and fifty-nine groszy) together with contractual interest in the amount of four times the NBP lombard loan rate, but not higher than twice the sum the NBP reference rate and 5.5 percentage points (maximum interest for delay) from January 1, 2019 until the date of payment;
II. reserves the defendants X. and Y. the right to invoke, in the course of enforcement of the monetary benefit awarded from them in point I of the judgment, the limitation of liability to the value of the inheritance acquired after Z.
III. does not burden defendant X. with the obligation to reimburse the costs of the proceedings to the plaintiff;
IV. awards the defendant Y. to the plaintiff the amount of PLN 5,549 as reimbursement of the costs of the proceedings, including the amount of PLN 4,800 as reimbursement of the costs of legal representation.
b) Legal basis: 1030 – 1034 CC.