Succession law – reduction of bequest

The law firm represents a testamentary heir in a dispute with another person entitled to a bequest.

The subject of the bequest is the cooperative ownership right to the premises inherited by the client. The legatee demands the transfer of ownership of the apartment citing the bequest made by the testator. According to article 998 of the Civil Code, such a bequest should be reduced by the value of the inheritance due to the heir.

Doubts are raised about among other things, whether in such a situation the bequest should be reduced only to the share in the cooperative

ownership right to the premises or whether it should be executed in full, but with monetary repayment on the part of the legatee.

The case law of the Supreme Court tends to favor the second concept, so in a lawsuit for a declaration of intent, the client will seek an award of repayment of half the value of the bequest.