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What is a reserved share after parents and who can receive it? It turns out that not only children

A legitim is a material security for the testator’s immediate family when he omitted them in his will or in the donations he made before his death. This applies both to the situation when he omitted the entire family or part of it, and when before his death he gave someone valuable items or real estate as a donation. Who can get it?

Keep after parents. Who is eligible and how to apply?

It can be received by the parents and spouse, as well as the descendants of the deceased: children, grandchildren, great-grandchildren, great-great-grandchildren and so on, i.e. the so-called descendants. As we can read in:

If the entitled person has not received the reserved portion due to him, either in the form of a donation made by the testator, or in the form of an inheritance appointment, or in the form of a bequest, he is entitled to a claim against the heir for payment of the sum of money needed to cover the reserved portion or to supplement it.

A legitim may be claimed only after the testator’s death. In the event that the immediate family of the deceased has been omitted from the inheritance, they can file an appropriate lawsuit. It should be accompanied by a justification and the value of the inheritance together with the calculation of the reserved share due. As we can read, people who receive a reserved share are exempt from inheritance tax, but they must report this fact to the tax office.

According to Art. 991 pairs 2 of the Inheritance Law, the immediate family is entitled to 2/3 of the value of the inheritance share if the entitled person is permanently incapable of work, or if the entitled descendant (i.e. children, grandchildren, great-grandchildren) are minors. In other cases, it is half the share.

Who is not entitled to a reserved share? Not only the disinherited cannot count on him

We deal with a legitim when the heir is not included in the will, because, for example, the deceased decided to transfer the inheritance to a given person or institution. However, it should be borne in mind that it is not appropriate in every situation. Descendants will not be able to claim it if:

  • have renounced inheritance,
  • were disinherited by the testator,
  • rejected,
  • were deemed unworthy of inheritance,
  • are extended family, e.g. daughter-in-law or father-in-law.

It should be remembered that the share after the death of the father and the share after the death of the mother were not separated.

Source: Gazeta


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