Reserved portion (zachowek) — rules, eligibility and process

The reserved portion (zachowek) is a monetary claim that protects close relatives who were omitted in a will or received less than they would under statutory inheritance. It does not grant a share of specific assets, but a right to a defined amount.

What a reserved portion is

It balances testamentary freedom with family protection. If the estate was distributed in a way that departs from statutory rules, eligible relatives may claim a top‑up payment.

Who can claim a reserved portion

Most commonly entitled are:

• descendants (children, grandchildren),
• the spouse,
• the parents of the deceased if they would inherit by statute.

The right may be excluded in situations such as valid disinheritance, a waiver of inheritance, or a declaration of unworthiness.

How the reserved portion is calculated — general outline

In practice, a simplified formula is used:

estate base × statutory share × multiplier (1/2 or 2/3) − offsets

For details on multipliers and amounts, see: Reserved portion — how much is it and how to calculate it.

For a quick estimate, use the Reserved portion calculator.

Estate base and gifts

The biggest disputes usually concern what counts in the estate base and how gifts should be included. In practice, the base is the estate value after debts, plus relevant gifts supported by evidence.

See: Gift vs reserved portion — impact on calculation.

How to pursue a reserved portion — step by step

1. Establish the basis of inheritance (will or statutory rules).
2. Collect documents on assets and gifts.
3. Calculate an estimated claim amount.
4. Send a demand for payment and propose a settlement.
5. If there is no agreement, prepare a claim in court.

Who pays the reserved portion

As a rule, the claim is addressed to the heirs. If the estate cannot cover the reserved portion, liability may, in certain situations, extend to persons who received gifts during the deceased’s lifetime. In practice, it is important to identify who actually received assets and in what form.

Can the reserved portion be reduced or paid differently

In exceptional cases a court may reduce the claim or shape the method of payment if specific circumstances and principles of social fairness justify it. This is not automatic — it requires concrete facts and evidence.

Documents worth having

• the will or confirmation of inheritance,
• documents confirming kinship,
• a summary of assets and debts,
• gift documents (deeds, agreements, transfers).

Limitation period

Reserved portion claims are time‑limited. As a rule, the period is 5 years, but the starting point depends on the case:

• in will inheritance — typically from the announcement of the will,
• in statutory inheritance — typically from the opening of the estate (death).

In practice it is best not to wait until the deadline, because disputes about the exact start date are common.

Most common mistakes

• omitting gifts that affect the base,
• using the wrong statutory share,
• missing documents that confirm asset value,
• relying on an “intuitive” number instead of evidence,
• delaying despite the running limitation period.

Settlement vs court

Many disputes end with a settlement after calculations and documentation are presented. If the parties cannot agree, a court process may be necessary.

See also

• Reserved portion after parents — who can claim and when
• Reserved portion and a will — what changes
• Gift vs reserved portion — inclusion and documents
• Reserved portion — how much is it and how to calculate it

Legal basis and sources

• Polish Civil Code — Articles 991-1011 (ISAP)
• Ministry of Justice — official information
• Supreme Court — case law database