Reserved Share (Zachowek) Time Limit in Poland: How Long Do You Have?

This guide is general legal information, not legal advice. How the rules apply depends on your individual circumstances, and the matter should be assessed by a qualified Polish lawyer. Twoja Sprawa helps you organise the documents for that assessment.

The right to a reserved share (zachowek — a statutory minimum inheritance share reserved for close family even if they were left out of a will) is not open-ended. Article 1007 of the Polish Civil Code (Kodeks cywilny, KC) sets a 5-year limitation period. Once that period runs out, whoever owes you the reserved share can lawfully refuse to pay by raising a limitation defence. Here is how to work out your deadline and what to do so you don't miss it.

The rule: A zachowek claim becomes time-barred 5 years after the will is announced (or, if there is no will, 5 years after the succession opens).

How to calculate the limitation period — the starting point

Article 1007 § 1 KC sets out when the clock starts running.

If there is a will

• The clock starts on the date the will is formally announced (ogłoszenie testamentu) — not the date the deceased died.
• "Announcement" is an act carried out by a notariusz (a civil-law notary, ≠ a UK notary public) who confirms the will's authenticity and then makes its contents public.
• This can happen weeks or months after death.

If there is no will (statutory succession)

• The clock starts when the succession opens (otwarcie spadku) — i.e. the date of death.
• This is a precise, fixed date: the date of death itself.

⚠️ Important: If the will was sealed or only opened later, the clock runs from the actual date of announcement, not from the date it was lodged with the notary.

How to count the 5 years

Once you know the starting date, the 5 years run in full calendar years, in line with Article 118 KC:

• Starting point: date the will was announced (e.g. 15 April 2021)
• End point: the last day of the fifth year (15 April 2026)
• Once that day passes, the claim is time-barred

In practice: if the will was announced on 15 April 2021, you need to pursue your zachowek claim by 15 April 2026 inclusive — otherwise you lose the right.

How the limitation period can be interrupted

The limitation period can be interrupted, which resets the clock to zero. Article 121 KC sets out the grounds for interruption.

Acknowledgement of the debt by the person who owes you

• The debtor accepts that they owe you something.
• This can be verbal or in writing (a letter, an email, a signed statement).
• The clock restarts — you get a fresh 5 years.

A formal demand for payment

• Sending a formal letter demanding voluntary payment.
• It must be formally served (recorded delivery with proof of delivery, or served through the court).
• This restarts the clock.

Filing a court claim

• Filing a claim (pozew) with the court interrupts the limitation period from the date it is filed.
• This is the most robust way to interrupt the clock.

Mediation

• Referring the matter to mediation may also interrupt the period, depending on how it is conducted — this needs to be evidenced.

⚠️ Important: Simply filing a claim — with no further action — interrupts the clock, but if the claim is later struck out for procedural reasons connected with timing, the period starts running again from that point.

Practical scenarios

Scenario 1: Nothing happens

• Will announced: 1 March 2021
• You send no demand and file no claim
• 1 March 2026: the deadline passes
• From 2 March 2026: the claim is time-barred — the debtor can simply say "no"

Scenario 2: You send a formal demand

• Will announced: 1 March 2021
• 15 April 2023: you send a formal demand for payment (delivered 20 April)
• The limitation period is interrupted on 20 April 2023
• A new period runs from 20 April 2023 — until 20 April 2028

Scenario 3: You file a court claim

• Will announced: 1 March 2021
• 1 December 2025: you file a claim with the court
• The limitation period is interrupted on 1 December 2025
• A new period runs from 1 December 2025 — until 1 December 2030

What happens once the claim is time-barred

Once the 5-year period (or an extended period following an interruption) has passed:

• The debtor can refuse to pay by raising a limitation defence.
• If you have already filed a claim, the court will dismiss it as time-barred.
• You no longer have a right to the reserved share — the right is extinguished.

This is a procedural defence — the debtor has to actively raise it. If they don't, the court may disregard it, but this depends heavily on how the individual court handles the case.

Suspension of the limitation period ⚠️

Polish law also provides for suspension (as distinct from interruption) of the limitation period — a temporary pause in the clock. This is rare, applying for example where a party is incapacitated or unable to act. Article 119 KC sets out when suspension applies, and it usually requires a court ruling.

In practice: don't rely on suspension — always aim to act within the standard deadline.

Organising your time — practical tips

If you have just found out about the will:

1. Find out the date it was announced — ask the notary who handled the case.
2. Start counting your 5 years immediately — mark the deadline in your calendar.
3. Act as early as possible — don't leave it to the last day.
4. Gather your documents — death certificate, the will, civil status records, and information about the estate.
5. Get legal advice — ideally at least a few months before the deadline.

If you have plenty of time: - Try to negotiate a settlement first (faster and cheaper). - If that fails, prepare a court claim.

If you're running short on time (e.g. one month left): - Send a formal demand for payment — this interrupts the clock. - Prepare your court claim in parallel. - File the claim before the deadline expires.

Frequently Asked Questions (FAQ)

Does the clock run from the death of the deceased or from when the will is announced? From when the will is announced, if there is a will. If there is no will, from the date of death (when the succession opens). This is an important distinction — there can sometimes be weeks or months between the two.

What if I didn't know about the will for four years? Unfortunately, the clock runs regardless of whether you knew about it or not. Polish law assumes everyone should find out about a will within a reasonable time. Not knowing does not pause the limitation period.

Does a demand sent by email interrupt the limitation period? ⚠️ Probably not — it needs formal service (recorded delivery with proof of delivery, or service via the court or a bailiff). An email can serve as evidence, but it won't count as an interruption under the Civil Code. Send it by recorded post instead.

What if my claim is dismissed because I missed the deadline? Then the claim is time-barred and the court will reject it. You cannot file a fresh claim. The right is permanently extinguished.

Does mediation interrupt the limitation period? Article 121 KC refers to "asserting a claim before a court or mediators" — in theory, yes, but the practice is less clear-cut. It's safer to combine mediation with a formal court claim to be sure.

How long does a zachowek court case typically take? On average 1–2 years for the first-instance hearing, but this doesn't affect the limitation period itself. If you filed your claim before the 5 years ran out, the limitation period is already interrupted — the proceedings may take a long time, but you still retain your right to the reserved share throughout.

Legal basis

• Article 1007 KC — limitation period for a reserved share claim (5 years)
• Articles 118–121 KC — general rules on limitation periods and their interruption
• ISAP: Polish Civil Code