Legitime

Polish inheritance law provides special protection for the closest family members of the deceased. Even if they were omitted from the will or received less than they would under statutory inheritance, they are entitled to claim a legitime (zachowek). The right to legitime is granted to:

   a. children (and further descendants, e.g., grandchildren, if the child predeceased the testator),
   b. preparation of formal payment demands and conducting negotiations,
    c. court representation in case of dispute,

The amount of the legitime is usually 1/2 of the statutory inheritance share, and 2/3 in the case of minors or persons permanently incapable of work.

The legitime is always monetary, which means that the entitled person cannot demand specific items from the estate, but rather a cash payment corresponding to the value of their share.

A legitime claim can be pursued:

a. analysis of the inheritance situation and calculation of the legitime amount,
b. preparation of payment demands and conducting negotiations with the obligated parties,
c. court representation in case of a dispute,
d. defense of clients who have been sued for legitime and wish to reduce the amount of the claim.

In addition, I can handle the entire process on behalf of clients living abroad – from the initial letters to a final court ruling or the execution of a settlement. If the outcome is favorable, I also ensure that the estate is legally and safely liquidated in Poland, and that the funds due from the legitime are transferred directly to the client’s bank account, with no need for them to travel to Poland.