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Reserved portion (zachowek) calculatorTable of contents
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.
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.
Most commonly entitled are:
The right may be excluded in situations such as valid disinheritance, a waiver of inheritance, or a declaration of unworthiness.
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.
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.
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.
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.
Reserved portion claims are time‑limited. As a rule, the period is 5 years, but the starting point depends on the case:
In practice it is best not to wait until the deadline, because disputes about the exact start date are common.
Many disputes end with a settlement after calculations and documentation are presented. If the parties cannot agree, a court process may be necessary.
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