Can I claim a reserved share if left out of a will?
Yes: close relatives left out of a will can claim a reserved share. The reserved share (zachowek) protects the testator's closest family who were left out of a will or harmed by lifetime gifts. The right belongs to descendants (children, grandchildren), the spouse and the testator's parents — provided that in the situation they would be called to inherit by statute. The reserved share is, as a rule, half the value of the share the entitled person would have received under intestate succession, and for minors or those permanently unable to work — two thirds. It's a monetary claim directed at the heirs (or the donees). The claim is usually time-barred after 5 years. In special situations the entitled person can be deprived of the reserved share by disinheritance in the will.
📋 The rules
- Reserved share for descendants, spouse, parents (if they'd inherit by statute)
- Amount: usually 1/2 of the statutory share
- Minors / permanently unable to work: 2/3 of the share
- It's a monetary claim against the heirs/donees
- Time-barred usually after 5 years
🔓 Exceptions
- Disinheritance in the will (for valid reasons): deprives of the reserved share
- Counting gifts into the reserved-share base: affects the amount
- Renouncing inheritance / rejecting the estate: affects the right to a reserved share
⚠️ Penalties & fines
The reserved share must be pursued actively — usually first by a demand for payment to the heirs, and on refusal by a court claim. The limitation period is key (usually 5 years): after it the claim expires and the other side can refuse payment. An heir burdened with the reserved share who doesn't pay the awarded amount risks bailiff enforcement. To pursue the reserved share effectively: establish the estate's value and any gifts, calculate the share due, demand payment from those liable in writing, and in a dispute take the case to court before the deadline. With disinheritance, check whether a reason was stated and whether it applies — it is often successfully contested.
📎 Official sources
- ISAP · Civil Code (reserved share, art. 991 ff.) →
- National Council of Notaries · Inheritance →
- Ministry of Justice · Inheritance matters →
❓ Frequently asked
Who is entitled to a reserved share?
The testator's closest family — descendants (children, grandchildren), the spouse and the parents — provided that in the situation they would be called to inherit by statute and were left out of the will or harmed by gifts. It protects the family from being entirely cut out of the estate.
How much is the reserved share?
As a rule half the value of the share the entitled person would have received under intestate succession. For minors and those permanently unable to work, the reserved share is two thirds of that share. Gifts made by the testator are sometimes added to the calculation base.
Who can I claim the reserved share from?
From the heirs who acquired the estate and, in defined situations, from people gifted by the testator during their life. The reserved share is a monetary claim — you don't claim specific items from the estate, but payment of a suitable amount matching the share due.
What's the deadline to pursue a reserved share?
The reserved-share claim is usually time-barred after 5 years — counted depending on the situation, e.g. from the will's announcement. After that the person liable can refuse payment. So it's worth acting promptly: demand payment, and in a dispute take the case to court.
Can someone be deprived of a reserved share?
Yes, by disinheritance in the will, but only for valid, statutorily defined reasons (e.g. persistent neglect of family duties, gross misconduct). The testator must state the reason in the will. Disinheritance is often contested if the reason doesn't apply or wasn't stated properly.
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