Can mediation help with the division of inheritance or family assets in Poland?

The death of a loved one or the division of family assets are situations in which legal issues are often intertwined with strong emotions. When the assets include real estate located in Poland and the heirs live in different countries, the formalities become even more complex. Inheritance and succession do not necessarily have to result in years of exhausting litigation before a Polish court. Instead of waiting for a judgment, the parties can come together for talks with the support of a neutral mediator and work out an agreement themselves that takes into account the needs of the entire family.

Let’s discuss the amicable division of an inheritance or assets in Poland.

TL;DR – Can mediation help with the division of inheritance?

• Key point: Mediation allows heirs to agree on the division of family assets themselves, without the need for court proceedings.
• In practice: Reaching a settlement through mediation can shorten the time required to resolve an inheritance case.
• Who is this for: Polish and Swedish-Polish families, people inheriting assets in Poland and heirs living abroad.
• Outcome: An efficient division of assets, avoiding escalation of the conflict and maintaining good family relationships.
• Updated: 10 October 2026.

How can mediation help resolve a dispute over inheritance or family assets in Poland?

Court proceedings are governed by procedural rules and limited by the scope of the parties’ claims. Mediation, on the other hand, provides greater flexibility to take into account the practical, financial and personal needs of the heirs. Mediation creates room to discuss matters that a judge cannot take into account in a judgment. It allows the parties to adapt the division of real estate, the timing of payments to the other heirs or the potential sale of assets to the actual financial and logistical circumstances of each heir.

Read more about Cross-border inheritance and family matters

Legal basis and the nature of inheritance mediation

Polish civil law (Article 1035 et seq. of the Polish Civil Code) provides that the provisions on co-ownership apply accordingly to the division of inheritance. In turn, the Polish Code of Civil Procedure (Article 183¹ et seq.) allows mediation to be conducted at any stage, both before the case is brought before a court and during court proceedings. Importantly, in cross-border cases (e.g. Poland–Sweden), EU Succession Regulation No 650/2012 plays an important role in determining jurisdiction and the applicable law. A settlement agreement reached before a mediator and approved by the court has the same legal effect as a court settlement and may serve as a basis for enforcement.

Read more about this here:

• European e-Justice – mediation as an alternative to court proceedings.
• Council of Europe – guidelines and tools for civil and family mediation.
• Council of Europe – family mediation, estate division and inheritance disputes.

Example scenario: Siblings in Poland and Sweden

Two siblings, Anna, who lives permanently in Stockholm, and Piotr, who lives in Gdańsk, inherit a house in Poland from their parents. Piotr would like to live in the house but does not have the funds to immediately pay his sister for her share. Anna, on the other hand, would prefer to sell the property because she does not want to bear the costs of maintaining it from abroad. In court, the case could take years and involve the costs of expert valuations of the property. During mediation conducted remotely, the siblings agree on a solution: Piotr takes ownership of the house, makes an advance payment to Anna and pays the remaining amount in agreed installments over two years. In this way, they avoid court proceedings and a potential court enforcement sale, keep the property in the family and save money on court fees.

How does the role of an advocate differ from that of a neutral mediator?

To maintain the highest ethical and legal standards, it is important to distinguish between these two roles. I can act as the legal representative of one of the parties. In that role, I represent your interests exclusively, advise you on litigation strategy and protect your rights.As a neutral mediator, on the other hand, I do not represent either party, take sides or provide legal advice. My role is to create a safe environment for talks, maintain a balance between the parties and assist them in formulating the terms of a settlement agreement. These two roles are not combined in the same case.

Further information is available here:

• Your Europe – managing an inheritance involving more than one EU country.
• Your Europe – applicable law and planning a cross-border inheritance.
• European e-Justice – European Certificate of Succession and application forms
• European e-Justice – lawyers and notaries in Poland: roles and responsibilities.

When is mediation worth considering, and when is litigation necessary?

Mediation is voluntary. This means that the other party cannot be forced to take part in talks. Reaching a settlement can offer many benefits. However, the circumstances of each case need to be carefully assessed, as mediation will not be suitable in every situation.

Read more about Safe property transactions and legal due diligence in Poland

Advantages and disadvantages of an inheritance settlement

When considering the disadvantages of a settlement, it is important to bear in mind the nature of a compromise. A settlement means that neither party obtains 100% of what they originally sought and that each party has to make some concessions. On the other hand, one of its key advantages is that the parties retain control over the outcome. In court proceedings, the judgment is issued by a judge, whose decision may ultimately be unsatisfactory to everyone involved. A settlement eliminates this uncertainty and allows the dispute to be resolved amicably.

Further information is available here:

• CEDR – model mediation procedure, including online and hybrid sessions.
• European e-Justice – benefits and limits of cross-border family mediation.
• European e-Justice – EU rules on civil and commercial mediation.

Situations where a court decision is necessary

Mediation can help resolve a conflict more quickly, but it requires all participants to be willing to engage in talks and seek a compromise. Where cooperation between the parties is impossible or there is a risk that assets may be depleted, an amicable procedure may not provide sufficient protection. Litigation may be necessary where:

• the other party completely refuses to engage or uses talks solely to delay the case;
• there are reasonable grounds to suspect that a will has been forged or that significant assets are being concealed;
• one of the parties does not have full legal capacity and the consent of the guardianship court is required;
• urgent measures are required to protect the assets from being sold off or destroyed.

In such situations, promptly bringing the case before a court may be necessary to effectively protect the parties’ rights and prevent irreversible loss or damage to the assets.

Worth reading:

• European e-Justice – securing assets and interim protection in Poland.
• European e-Justice – evidence and burden of proof in Polish civil proceedings.
• Chambers – Litigation 2026: the Polish court system and civil procedure.

HOW TO: How to prepare for inheritance mediation remotely

If you inherit assets in Poland while living in Sweden, the entire mediation process can be conducted efficiently and remotely:

Proper preparation of the documents and clearly defined expectations increase the chances of reaching an agreement quickly without having to travel to Poland in person. The support of a Polish legal representative can help ensure that the settlement agreement is properly drafted and that the required formalities are completed effectively.

FAQ – Can mediation help with the division of inheritance?

What else should you know about inheritance matters?

Tax considerations are important when dealing with inheritance matters involving real estate in Poland. Polish inheritance and gift tax law provides exemptions for immediate family members belonging to the so-called “zero tax group”. To benefit from these exemptions, the acquisition of assets must be reported to the tax office within six months. For people living in Sweden, missing this deadline may result in a significant tax liability. When preparing for a mediated settlement, it is therefore advisable to consider from the outset the tax implications of any payments made between the heirs to balance the value of their respective shares. 

Another important aspect is the forced share, which under Polish law provides financial protection for certain close relatives who have been omitted from a will. Mediation offers an opportunity to settle forced share claims amicably without the need to bring separate court proceedings. By addressing both the division of inheritance and forced share claims in a single settlement agreement, the heirs can comprehensively resolve the family’s outstanding financial and property matters.

Further information is available here:

• PwC – Polish inheritance, gift and transfer taxes.
• European e-Justice – Polish succession law, debts and estate division.
• Swedish Tax Agency – declaring foreign income and foreign property income.

Summary – Can mediation help with the division of inheritance or family assets in Poland?

Mediation can be an effective and constructive way to resolve disputes over family assets. It can help preserve good relationships, avoid significant court costs and agree on terms for the division of assets that are realistic for the parties involved. Inheritance does not have to become the cause of a long-running family conflict. If you have questions about inherited assets in Poland, would like to prepare for talks with the other heirs or need legal representation, please contact me. Visit kowalicki.com to discuss your situation and determine the most appropriate strategy for proceeding.