QLD Disclaiming inheritance in name of underage child

[adamasia]

My son and his underage dotter need to disclaim/reject inheritance in Poland - it is only debt.
The Polish law requires a statement from both parents disclaiming inheritance in the name of underage child.

In Poland, such statement requires Family court certification, but if a child lives abroad the law of that country – Australia – applies.
What is the process in Qld in such case and where we can get inheritance disclaim statement formally certified ?

Adam Postula
0409495156

 

[Tim W]

The law in Australia is that while the debts of a deceased
can be payable from an estate, debt itself is not inherited.
This different to some parts of Europe, where it can be.
They (not you) will need the formal, case specific advice
of a lawyer in Poland to help with that aspect.

In Australia, the law around wills and estates is handled at state level law (prawo prowincjonalne).
But, Family Law (which is all about marriage, children, and marital property, and not about wills and estates)
is national level law (prawo krajowe).
That may be different in Poland, where these two separate areas of law may be much closer together.
That said, pretty much any Australian lawyer in general practice can do both.

So far as the documents are concerned, it sounds like they need the services of
what in Australia we call a "Notary" (notariusz).
Many lawyers are Notaries, but not all.
Documents that are "notarised" are accepted in multiple jurisdictions as lawfully executed
(in a way that, say, a document that is merely witnessed, is not).

I see you have posted in the Queensland forum.
Lawyers in Brisbane with at least Polish language are pretty easily found.
Some may have personal or professional connections to practitioners in Poland itself.
You may also care to look for Notaries here.

Good luck.