Gdańska - Kamienice, by Marcin Polak,
Łódź- Piłsudskiego Centrum Biznesu (Piłsudskiego Business Centre),
By Nemo5576 (Own work),
PRUDENT STRATEGIES TO FOLLOW
With the looming 2019
deadline, time is running out.
In view of this and the big disappointment with Project HEART, we suggest to potential claimants
strategies to help them structure their recovery efforts efficiently
(whether they work with us or not):
- Explore and define your potential claims with
professionals, highly specialized in recovering properties in
Poland. If you do this with us, there will be no charge for this step,
in so far as client interviews and review of client documents is
- Do not expect that beyond an initial review, highly
experienced professionals will work many hundreds of hours (more likely
of hours), on a purely contingent basis on mandates (projects),
which take several years to fruition.
arrangements are still available from some seasoned professionals,
including from our team.
- If prospects which emerge from preliminary review (item A
above) are favorable, and there are joint heirs to
a succession, assemble them to act together and to share
expenses. If you assemble heirs working with us, we do not charge for
related assistance (unless this task turns out to be unusually
- Consider if in your Family, it would make sense for elderly
heirs to transfer their inheritance rights in Poland to the next
generation, who would then bear related costs. This has worked well for
- When there are joint heirs, ensure that they act in concert
recover and monetize their inheritance in Poland. In such
situations, we further suggest that:
- With special exceptions, joint heirs should bear costs in
proportion to their share of their joint inheritance.
- When some of the joint heirs are willing but unable to
pay their share of costs, other heirs may pay for them, all or a part
of the relevant costs. The arrangement may be for the paying heirs to
recover their outlay, with a bonus at the time claims are
monetized in Poland.
- When some of the joint heirs are able but unwilling to
pay their share of costs, other heirs may buy out their claims.
The arrangement may be an outright purchase of inheritance rights, or
may concern only the financing of recovery costs. In the latter
case, the selling heirs may still receive a significant part of net
- Joint heirs should empower a Representative to act for all
of them, towards professionals, courts and governmental offices
Poland. Of course, joint heirs may
replace their Representative. Failure to appoint a Representative can
cause problems to the recovery and monetization efforts. Indeed, we
have refused mandates from groups of heirs, who proved unable to
- If the number of joint heirs is large, they may also want
to appoint an Heirs’ Committee to advise the Representative.
- We have forms suitable for arrangements mentioned above
in items D through H.
- Heirs, particularly foreign, should engage a team of
specialized professionals, who collectively, possess the
of skills required to:
- Obtain, in
Poland and abroad, documents necessary
Conduct all above-mentioned proceedings.
If monetization is a part of the contracted
services, transparently and fairly monetize heirs’ recovered rights.
- Succession proceedings,
- Proceedings to declare as
deceased those of heirs’
legal predecessors who died or disappeared without death certificates
having been issued,
- Recovery proceedings,
- All other incidental proceedings,
which may be required,
such as (rare) proceedings to recreate lost property registers or lost
civil status documents.
We are proud to have all these
skills within our
Enter into recovery agreements which:
If required early on in the mandate, secure a supported
approximate valuation of the recoverable value for all relevant
properties — so that the heirs know the stakes. In some cases,
such as lots of 1,000 m2 or more, located near the center of
Polish cities, sufficient values are obvious. In other cases, research
is required to locate properties, determine the size of lots inherited
and obtain information on buildings on these lots.
As soon as feasible within a
mandate, obtain from a specialized Polish attorney, a supported written
legal opinion concerning the prospects for recovery of each relevant
- Are comprehensive — include all work
required, see item J above.
- Define all major milestones.
- Provide ongoing reporting to heirs, including copies of
all official filings
and all decisions / judgments — so that heirs may follow the progress.
- Comprise a significant component of
contingent fees — so that the professionals have some skin in the
- Provide heirs with control over the
monetizing — so that they actually receive fair amounts from the
As a rule, this is only possible after obtaining
restricted-access expropriation files (using documented proof of
Interest to gain access).
In effect, steps mentioned in items L
and M above constitute due diligence.
recovery of only those properties,
which have a sufficient recoverable value and reasonable prospects for
We practice these strategies,
because they are fair to both sides and because they make complex