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Sejf Życia
Wills and inheritance

Is a reserved share due when there was no will?

Yes. The absence of a will does not rule out the right to a reserved share. Under ordinary intestate succession, the entitled person usually receives the share due to them, but a claim can arise when gifts the testator made during their lifetime have to be added in when calculating the reserved share.

If the entitled person did not receive, through the inheritance, gifts, or other benefits taken into account, a value corresponding to the reserved share due to them, they can demand its top-up. Heirs are liable first, and if the reserved share cannot be obtained from them, the law provides, in specific situations, for the liability of specific legatees, and afterward of those who received the gifts.

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