Supreme Court: Statutory portion can be reduced for dishonest claimants

Poland's Supreme Court has issued a significant ruling regarding the "zachowek," a legal provision designed to protect the statutory portion of inheritance for a deceased person's closest family members. The court clarified that this right, while intended to secure the financial interests of spouses, children, and grandchildren, can be subject to reduction in cases where the claimant's conduct is deemed contrary to social principles.

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The statutory portion is meant to protect the deceased's spouse, their children (grandchildren), and in certain situations, their parents.

The "zachowek" typically guarantees heirs two-thirds of the value they would have received under statutory inheritance, considering both the estate and lifetime gifts made by the deceased. This provision is particularly crucial for those unable to work or under 18, or when heirs receive little or nothing from the estate (a "hollow inheritance"). In the case at hand, the claimant, N., was the sole heir but received a "hollow inheritance" because her deceased mother had gifted a property with a house to her sister, who then passed it on to her own daughter.

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If the entitled person cannot receive their due statutory portion from the heir, they can demand it from the person who received a gift from the testator that is added to the estate, a sum of money needed to pay the statutory portion.

N. sued her cousin for her statutory portion, calculated based on the property's value. The regional court initially dismissed the claim, arguing the cousin was not the direct recipient of the gift. However, the Court of Appeal in Wrocław invoked Article 1000 of the Civil Code, allowing claims against recipients of gifts that are part of the estate. It also applied Article 5 of the Civil Code, which permits limiting the exercise of a right if it contradicts social coexistence principles, ultimately awarding N. only half of her statutory portion.

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One cannot exercise their right (here, to the statutory portion) in a way that is contrary to the principles of social coexistence.

The Supreme Court upheld the appellate court's decision, rejecting N.'s appeal. The court reasoned that the right to a "zachowek," like any other right, can be abused. It emphasized that Article 5 is applied strictly to fulfill the purpose of the "zachowek" – protecting the financial interests of the deceased's immediate family, even against the deceased's wishes. The Supreme Court found that N.'s demand for the full statutory portion, without accounting for money previously received from her mother or her own status as a pensioner, justified the reduction. The court stated that the appellate court was justified in moderating the awarded amount based on the overall circumstances.

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The entitled person demanded the statutory portion without taking into account the amounts of money previously received from her mother.