In the Supreme Court’s decision of 28 October 2022, I CSK 2901/22, it was recalled that the calculation of the reserved portion is based on the value of the estate determined according to the prices applicable on the date of ruling on claims in this respect.
The Supreme Court has consistently held that the compulsory share is calculated on the basis of the value of the inheritance determined according to prices applicable on the date of the ruling on claims in this respect (see, among others, the resolution of a seven-judge panel of the Supreme Court of 26 March 1985 – principle of law – III CZP 75/84, OSNC 1985, No. 10, item 147 and the judgments of the Supreme Court of 15 December 1999, I CKN 248/98, not published; and of 25 May 2005, I CK 765/2004, not published).