Monitor Prawniczy

no. 15/2019

Testator’s forgiveness to the person entitled to a legitim after he/she has been disinherited in the will

Marcin Sepełowski
Autor jest doktorantem w Katedrze Prawa Cywilnego, Handlowego i Ubezpieczeniowego WPiA UAM.
Abstract

The commented resolution refers to the long disputed issue of legal consequences of forgiveness granted after a person was disinherited in a will and has not been confirmed by revoking that will. The Supreme Court took a position therein that such forgiveness leads to invalidation of disinheritance. The gloss presents arguments for assuming a different view, according to which disinheritance granter after disinheritance has no significance for its validity and such disinheritance may be cancelled exclusively by revoking the will.