A legitim case in Poland – how long does it take?

A legitim case in Poland – how long does it take?

If the heirs, although having acquired an inheritance in Poland, have not received anything from the inheritance or have been excluded from the inheritance because the testator has made a will in favor of another person, who is not necessarily a close relative, they have the right to file an action for a legitim with the court.

Under Polish law, the persons entitled to a legitim are the spouse, descendants and ascendants of the testator. A legitim case in Poland is a more complex procedure and relies mainly not only on testimonies but also on expert opinions, which is why it is difficult to say how long a reserved share case will take.

If the parties do not dispute the value of the various elements of the estate, the legitim case is much shorter. The determination of the estate involves establishing exactly what the assets and liabilities of the estate are, thereby determining the value of the entire estate.

It should be noted that the burial expenses of the testator are included in the debts of the estate, i.e. they are a liability. Only after the estate has been established is the substitute for the reserved portion determined.