Compulsory Portion in Poland

Abstract

In Poland, mandatory family protection is achieved by means of the compulsory portion. The chapter begins with a brief history of Polish succession law from the perspective of protection against disinheritance. Compulsory portion is also discussed from a constitutional perspective. Next, the regulation of compulsory portion, as well as of comparable instruments, are described. Among the topics discussed are: entitlement to compulsory portion; renunciation of claims; and disinheritance (‘deprivation'). Methods of calculating compulsory portion are presented, including the different situation in respect of different parts of the estate. Finally, liability for payment of compulsory portion is analysed, with particular attention being given to legatees per vindicationem and to the recipients of lifetime gifts from the deceased. © The multiple contributors 2020.