Claiming Your Legitime (Zachowek) in Poland – A Guide for Foreigners
Claiming Your Legitime (Zachowek) in Poland – A Guide for Foreigners
In Poland, inheritance law provides strong protection for certain close relatives of a deceased person. Even if you have been left out of a will, you may still have the right to claim a legitime (zachowek) – a compulsory portion of the estate.
Who Can Claim Legitime?
The right to zachowek is reserved for:
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Children (including adopted children)
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The spouse of the deceased
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Parents of the deceased (if there are no children)
If you fall into one of these categories but have been omitted from the will or received less than your rightful share, you may claim compensation in cash from the heirs.
How Much Can You Claim?
The amount depends on your relationship to the deceased and your circumstances:
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Usually 1/2 of the value of your statutory share
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If you are a minor or permanently unable to work, you can claim 2/3 of the statutory share
Foreigners and Polish Inheritance
If the deceased lived in Poland or owned property here, Polish inheritance law – including the rules on zachowek – may apply, even if you live abroad. It is important to check jurisdiction and applicable law before starting the process.
How to Start the Process
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Confirm your right to inherit under Polish law
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Calculate your claim based on the value of the estate
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Send a formal demand for payment to the heirs
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If negotiations fail – file a lawsuit in the competent Polish court
Time Limits
You must file your claim within 5 years from the date the will was announced or the inheritance proceedings were concluded.
💬 Need Help?
Our law firm specialises in representing foreign clients in Polish inheritance matters, including zachowek claims. We handle cases remotely and provide full legal assistance in English.
Need assistance with inheritance in Poland?
Contact us for personalized legal support.
💻 Book an online consultation!
📬 Email: k.lewicka@lzw-law.com
📞 Phone / WhatsApp: +48 502 775 164
