zachowek

Zachowek is a term in Polish civil law describing the right of certain heirs to receive a reserved portion of a deceased person’s estate, even if a will or lifetime transfers would otherwise deprive them of that share. The purpose is to protect close family members who would have inherited under intestate succession.

The main beneficiaries are the spouse and descendants (children, including adopted and legitimate). In some situations, ascendants (such as parents) may be entitled to zachowek if there are no closer heirs. The exact scope and amount depend on the family situation at the time of death and the presence of other heirs.

The amount of zachowek is determined by the Civil Code and is based on what the entitled heir would have received under intestate succession, adjusted for any gifts or advances made by the decedent during their lifetime that are counted as part of the estate. The calculation aims to reflect the difference between the statutory portion and what the heir actually received, and the right is enforced against the estate.

Claims and limitation: A person who believes they were improperly treated by a will or lifetime disposition may file a court claim to determine the zachowek. The claim must be brought within the statutory limitation period, with the exact duration depending on applicable law and particular circumstances.

Relation to other dispositions: Zachowek does not invalidate a will; rather, it creates a monetary adjustment against the estate to satisfy the statutory portion owed to the eligible heir.