Claim for a reserved share

So who is entitled to a statutory share? It could be said that it is the immediate family – the descendants (children, grandchildren), the spouse and the testator’s parents. Crucially, however, the law does not include the testator’s siblings in this group of ‘immediate family’ – therefore, they are not entitled to claim a statutory share. Most often, claims for a reserved share are made by children – on behalf of their parents – or grandchildren – on behalf of their grandparents. It is also worth noting that a claim for a reserved share is not only available where a statutory heir has been omitted from the will, but also where an heir receives a smaller share than they are entitled to.

However, a statutory share will not be due to persons who have been disinherited by the testator, deemed unworthy of inheritance, have renounced their inheritance, have rejected the estate, or have been excluded from inheritance by a court ruling. It should be noted that the descendants of such persons will take their place. Thus, for example, if the testator’s daughter rejects the inheritance, her children will take her place.

A claim for a statutory share allows heirs who have received no inheritance at all, or who have received a smaller share than they should have, to demand payment of a specific amount. This situation most commonly arises when the testator names one of their children as an heir in their will. In such cases, the remaining descendants are entitled to claim a portion of the estate due to them from the person inheriting the estate. The law allows for the recovery of a claim amounting to half of the share that would have fallen to the heirs under statutory succession. Exceptions apply where the person entitled to the statutory share is a minor or a person permanently unable to work. In such cases, two-thirds of the value of the share due may be claimed. A claim for payment of the statutory share is brought before the court in a claim for payment. The court with jurisdiction in such cases is that of the testator’s last place of residence. If it is not possible to establish an address in Poland, the claim is brought before the court within whose jurisdiction the estate or part thereof is situated. These claims become time-barred five years after the date of the publication of the will or the opening of the succession.