Deadline for payment of the reserved share

Warning: This is an automated translation from Polish. Accuracy may vary.

In the judgment of March 30, 2021, the Court of Appeal in Warsaw (V ACa 57/21) recalled that the reserved portion is a cash benefit having the nature of an inheritance debt (Article 922 § 3 of the Civil Code), therefore the benefit in this respect should be met immediately after being called to comply. This means, among other things, that if someone does not pay the amount of the reserved share after receiving the request for payment, from the date specified in the request for payment of the reserved share, you can demand payment of statutory interest for the delay.

Of course, if the reserved share exceeds the amount specified in the demand for payment plus accrued interest on the date of the judgment, the court should award the higher amount.