Polish Law Explained: Will a Son Who Worked the Family Farm Inherit More Than His Sister?

The Polish agricultural portal topagrar.pl has explained how an inheritance is divided under the Polish Civil Code when one adult child stayed to work on the parents' farm while the other left and built a life outside farming. The question matters to many rural families who want the farm to stay with the person who runs it day to day.

Equal shares by statute

If the parents left no will and the heirs are their children and a spouse, statutory inheritance rules apply. Under Article 931 of the Civil Code, children and the spouse inherit in equal parts, but the spouse's share cannot be smaller than one quarter. If a spouse and two children inherit, each normally receives one third. If only two children inherit, each is entitled to half.

This does not mean the farm will be physically split into two equal parts. A share of the estate is not the same as being awarded specific plots or buildings.

Taking over the farm

The farm may go to a single heir. The heirs can agree that the land and buildings go to the son who continues production, while the daughter receives a cash payout. If they cannot agree, a court can decide how the estate is divided, taking into account the value of the whole estate and each heir's share.

Farm transferred during the parents' lifetimes

If the parents already gave the farm to the son, for example by a deed of gift, the other children's claims may not be ruled out. In such cases the zachowek may matter: a monetary claim of close relatives who were left out of the inheritance or received less than the law provides. Under Article 991, it is generally half of the share the person would have received under statutory inheritance. For a minor descendant or a person permanently unable to work, it is two thirds. Gifts made by the deceased may also be counted in the calculation.

Years of work

Long-term work on a farm can matter greatly to a family, but it does not by itself increase the statutory share. A distinction must be made between ordinary help given to parents and a situation where the son bore his own documented costs for the farm or worked under separate arrangements that could give rise to specific claims. Before the estate is settled, it is advisable to gather documents on ownership of the land and buildings, agreements with the children, any gifts and investments in the farm. In a dispute, individual legal analysis may be necessary.