The claim for the reserved share is transferred to the heir of the person entitled to the reserved share only if the heir belongs to the persons entitled to the reserved share after the first testator (Article 1002 of the Civil Code). This means that if there are no heirs entitled to a reserved share after the first testator (i.e. his descendants), the claim for a reserved share expires. Even bringing a lawsuit will not help. If the entitled person dies during the trial and there are no heirs entitled to a reserved share after the first testator, the court will discontinue the proceedings. This was confirmed by the Supreme Court in the judgment of April 28, 2010, III CSK 143/09, LEX No. 589808. This is an exception to the rule that the length of the trial may not be to the detriment of the party
So what to do when there is a fear of the death of the entitled person and the end of the court trial is not in sight? The simplest method is to assign a reserved share to a third party (who is more likely to live to the end of the trial). This person can easily complete the lawsuit.