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Restitution in Poland


Art. 991 [Entitled to a piece of property].
§ If the beneficiary is permanently incapacitated or if the beneficiary's descendants are minors - two thirds of the value of the share of the estate which would fall to them in the case of succession under the law, in other cases - half of the value of that share (restitution).
§ If a beneficiary has not received the due amount of the remainder of the estate, either in the form of a gift made by the testator, or in the form of an appointment to the inheritance, or in the form of a legacy, he is entitled to a claim against the heir for payment of the amount of money needed to cover the remainder or to supplement it.

Art. 992 [Basis for calculation of the reserved portion].
When determining the share of the estate constituting the basis for calculating the reserved portion, the unworthy heirs and heirs who have rejected the inheritance shall also be taken into account, while heirs who have renounced the inheritance or have been disinherited shall not be taken into account.

Art. 993 [Determining the amount of a reserved portion].
When calculating the amount of the reserved portion of inheritance, ordinary legacies and instructions shall not be taken into account, while gifts and legacies made by the testator shall be added to the inheritance pursuant to the provisions hereunder.