Reserved Share (Zachowek) in Poland: What It Is and Who Can Claim It

If someone left a will and cut you out of it entirely, Polish law doesn't necessarily leave you empty-handed. The institution of zachowek (reserved share, under Article 991 of the Polish Civil Code) protects the deceased's closest family from being disinherited completely. Here's who can claim a reserved share, how much it's worth, and how to pursue it.

Zachowek is a monetary claim — a right to a sum of money — not a right to any specific item from the estate.

What is zachowek

Zachowek is a monetary claim available to certain family members of the deceased when they have been left out of a will, or effectively cut out through lifetime gifts. It is a legal safeguard against total disinheritance.

The key point: zachowek does not give you a right to any specific asset (a house, a car, and so on). It is a right to payment of a sum of money corresponding to a prescribed fraction of the estate's value. The person entitled becomes a creditor of the estate, not a co-owner of it.

A zachowek claim is directed primarily against the people who inherited under the will (the testamentary heirs), and in certain cases also against people who received lifetime gifts or a zapis windykacyjny (a specific-legacy bequest that transfers an asset automatically on death, without going through the general inheritance process).

Who can claim zachowek — a closed circle of entitled people

Under Article 991 § 1 of the Civil Code, only people who would have inherited under intestacy (i.e., under the statutory rules that apply when there is no will) are entitled to a reserved share. This group is strictly defined and includes:

• descendants — children, grandchildren, great-grandchildren of the deceased;
• the deceased's spouse;
• the deceased's parents — but only if they would have inherited under intestacy (i.e., only where the deceased had no children).

Crucially: the existence of a will does not change who falls within this circle — the test always looks at who would have inherited had there been no will at all.

Who is NOT entitled to zachowek

Outside this narrowly defined circle, no one else has a right to a reserved share:

• Siblings — even if left out of the will entirely
• A cohabiting or unmarried partner — the law does not protect informal relationships
• A stepchild — even one the deceased raised as their own
• A grandchild, if their parent (the deceased's child) is still alive — in that case only the parent is entitled

The following also lose their right to a reserved share:

• People disinherited in the will for one of the statutory grounds (Article 1008 of the Civil Code)
• People found unworthy of inheriting (for example, convicted of the deceased's murder)
• A spouse excluded from inheriting (for example, following a court order removing that right)

How much is zachowek worth — the 1/2 and 2/3 rates

The size of the reserved share depends on two things: (1) what the claimant's share would have been under intestacy, and (2) whether the claimant is an adult or is a minor / permanently unable to work.

The rates set out in Article 991 § 1:

• 1/2 (one half) of the intestate share — the standard rate for adults
• 2/3 (two-thirds) of the intestate share — for minor descendants or people permanently incapable of work

The higher rate for minors and people unable to work reflects the fact that they cannot provide for themselves.

A worked example (illustrative figures only)

The deceased had two adult children. The will left the entire estate (nominally worth 400,000 value units) to just one of them.

Each child's intestate share would be: 1/2 of the value = 200 units.

The child left out of the will can claim a reserved share of: 1/2 × 200 = 100 value units.

For exactly what counts towards this value, see the companion article How Much Is Zachowek Worth — How to Calculate It (./zachowek-ile-wynosi-jak-wyliczyc).

Limitation period — a 5-year time limit ⚠️

A zachowek claim is time-barred after 5 years — the clock runs from the will being read out (or, if there is no will, from the opening of the estate, i.e. the deceased's death). Once the limitation period has expired, the other side can lawfully refuse to pay by raising a limitation defence.

The takeaway: act quickly. It is not worth waiting. See Limitation Period for Zachowek Claims (./przedawnienie-roszczenia-o-zachowek) for more detail.

Claiming zachowek remotely from the UK

Living in the UK doesn't stop you claiming a reserved share — you don't need to travel to Poland. The whole process can be run through a representative: a Polish adwokat or radca prawny (both are Polish qualified lawyers, broadly equivalent to a solicitor/barrister).

The steps:

1. Power of attorney — you grant this in writing; if a certified version is needed, it can be notarised in the UK by a notary public and then apostilled.
2. Documents — the death certificate, a copy of the will, civil-status documents proving the family relationship, and information about the estate's assets.
3. Letter of demand — your representative sends a written demand for payment, which often leads to a settlement.
4. Court claim — if payment isn't made, your representative files a claim with the Polish court; hearings take place without you needing to attend.

Frequently asked questions (FAQ)

Does a child left out of a will automatically receive their reserved share? No, not automatically — they have to pursue it, either through the courts or by sending the heir a demand for voluntary payment. The right to a reserved share exists, but it has to be actively claimed.

Does a divorced spouse have a right to zachowek? No. A spouse loses the right to a reserved share once they have been excluded from inheriting (for example, as a result of a court ruling made during divorce proceedings). A cohabiting partner never has a right to zachowek at all.

I'm a grandchild — can I claim a reserved share? Yes, if your parent (the deceased's child) died before the estate opened. In that case you step into your parent's place as the person entitled to the reserved share. If your parent is still alive, however, it is they — not you — who holds the right.

Can I claim zachowek if the assets are outside Poland? It depends on jurisdiction. Polish courts will hear zachowek claims concerning estate assets located in Poland. Assets located outside Poland require a separate analysis of private international law and which courts have jurisdiction.

Legal basis and sources

• Articles 991–1011 of the Polish Civil Code — the zachowek institution; ISAP
• Article 1008 of the Civil Code — disinheritance
• Articles 1000–1002 of the Civil Code — liability of heirs and gift recipients for reserved-share payments