Zachowek and Inheritance in Poland — What You Are Owed and How Long Before the Claim Expires

Zachowek is not a favour, it is a money claim — and it comes with a deadline. If the deceased left you out of the will, or gave the estate away while still alive, Polish law gives you a specific sum to demand. The catch is that after five years you cannot recover it at all. We will check whether your claim is still alive.

Who is entitled to zachowek and how much it is

Zachowek belongs to the closest relatives who would inherit under statute were it not for the will or the gifts: descendants, the spouse and the parents of the deceased. Siblings, in-laws and partners receive nothing — even if they cared for the deceased to the very end.

The amount is half of the share you would have received under statutory succession. For a minor or a person permanently unfit for work it is two thirds. The basis is Article 991 of the Civil Code, but it only becomes simple arithmetic once the composition and value of the estate are established correctly.

The deadlines after which there is nothing left to fight for

Polish succession law is merciless towards those who are late. Four dates decide everything:

• five years from the announcement of the will — for a zachowek claim against the heir (Article 1007 of the Civil Code),
• five years from the opening of the succession — where you claim from a person the deceased made a gift to,
• six months from the day you learned you were called to inherit — to accept or reject the estate (Article 1015 of the Civil Code),
• no declaration within that period means acceptance with the benefit of inventory, that is together with the debts up to the value of the assets.

A will does not cancel zachowek

Statutory succession applies where there is no will. Children and the spouse inherit first, and the spouse’s share cannot be smaller than one quarter of the whole (Article 931 of the Civil Code).

A will changes that order but does not cancel zachowek. Even where the entire estate was left to one person, the relatives who were passed over keep a money claim against the heir. This is the most common misunderstanding in succession cases: the belief that because there is a will, nothing is due.

Lifetime gifts count towards the calculation

Transferring a flat to a daughter ten years before death does not move it beyond the reach of zachowek. Gifts made by the deceased are added to the calculation base, and if nothing is left in the estate, the claim is directed at the person who received the gift.

That is why cases that look hopeless at first sight end in a real payment once the land registers and the history of gifts have been examined. The key is to establish what left the estate, and when.

Disinheritance only works when it is done properly

Simply writing in a will that someone is disinherited achieves nothing. The reason must match one of the grounds in Article 1008 of the Civil Code and must follow from the wording of the will. A defective disinheritance falls away and zachowek remains. What is more, the children of a disinherited person keep their own right to it. On choosing the right firm for such a case we wrote a separate piece about when a legal counsel helps and when an advocate does. Assessing whether the disinheritance actually worked is the first thing we check once we receive the will.

Before you sign anything at the notary

A notarial deed of certification of succession can be faster than a court declaration, but it requires the consent of all heirs, and once signed it settles a legal situation that is not undone by a single letter. The same applies to the division of the estate and to settlements proposed within the family. Who runs your case matters here — meet the legal counsel who is responsible for it. Before you sign, it is worth knowing what your share is actually worth.

How we run a zachowek case

We start by establishing the dates: the opening of the succession, the announcement of the will and the day you learned you were called to inherit. Those decide whether the case can be won at all. Then we establish the composition of the estate, add the gifts and calculate the sum worth fighting for.

Only then does a demand for payment go out, and where it brings no result — a statement of claim. A large share of cases ends in a settlement at the demand stage, because a well documented calculation is hard to challenge.

Every month of delay brings you closer to the day the claim expires. Order an analysis of your succession case. We will check the dates, establish the composition of the estate and tell you plainly what you are owed and whether going to court is worth it. We handle cases throughout Poland, remotely as well.