Limits of a Will in Poland: The Forced Heirship Regime

Polish inheritance law significantly limits testamentary freedom through the institution of forced heirship, known as zachowek. While a testator may formally dispose of their estate in a will, this freedom is not absolute. The law ensures that certain close family members cannot be entirely excluded from the economic benefit of the estate.
 
Under Polish law, children, the spouse, and, if there are no descendants, the parents of the deceased are generally entitled to zachowek, even if they are omitted from the will or the estate is left to third parties. Zachowek is usually a monetary claim against the heirs, and in some cases also against recipients of lifetime gifts made by the deceased.
 
The amount of zachowek is typically one-half of the statutory share that the person would have received under intestate succession. It increases to two-thirds if the entitled person is a minor or permanently incapacitated.
 
The right to zachowek can be excluded by valid disinheritance (wydziedziczenie), but only if it is expressly stated in a will and based on one of the statutory grounds. Those grounds are limited and must be clearly justified, such as persistent conduct contrary to social norms, committing a serious intentional offence against the testator or the testator’s close family members, or persistent failure to fulfill family duties toward the testator.
 
A disinherited person may challenge the validity of the disinheritance, and the court will determine whether the will contains a valid and sufficiently specific statutory ground for disinheritance and whether that ground was in fact established.
 
If there is no disinheritance or grounds are insufficient, forced heirs retain their right to claim zachowek, which can lead to disputes and financial claims against the estate after its distribution.
 
In practice, the zachowek regime plays a crucial role in estate planning in Poland. It requires careful structuring of wills, lifetime transfers, and family arrangements to balance the testator’s intentions with the mandatory protections afforded to close relatives. Ignoring these rules can result in unintended liabilities for heirs and beneficiaries, particularly in cross-border contexts or where significant assets are involved.