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Polish law prescribes specific guidelines to be adhered to when creating a will and testament. A will, commonly known as testament in Poland, permits individuals to distribute their property according to their personal preferences after death. The basic principles of testamentary freedom are defined in the Civil Code. There are three main types of wills familiar in Poland: holographic (handwritten and signed by testator), allographic (written by another person or typed and signed in presence of witnesses), and notarial deed, which is the most common type in Krakow.
While it’s possible to create a will or testament without legal assistance, it is generally advised to consider legal advice due to several possible complexities. These include disputes among beneficiaries, tax liability considerations, sizable or complicated estates, the presence of minor children, or legal stipulations regarding foreign nationals owning property in Poland. Furthermore, a will must adhere to specific legal requirements to be recognised as valid, and a lawyer can ensure these requirements are met to avoid the possibility of the will being challenged after death.
Remember that a will is considered legally binding in Poland if it’s created by a person over 15 years of age who has full capacity of their actions. Also, it must be created willingly without any coercion involved. While written wills are common, verbal wills are valid under Polish law, but only under certain circumstances like an imminent danger of death. A will can be invalidated or modified by the testator any time before their death. If a will divides an estate among multiple heirs, it has to strictly follow mandatory share regulations to ensure legal spouses and children get their entitled shares.
Yes, you can. Polish law allows foreign nationals to write a will regarding assets within Poland and it does not require a special legal status or residency within the country.
Polish law offers some protection to direct heirs (children, spouse). Even if you wish to exclude them, they are entitled to a 'compulsory portion' that includes half of what they would receive under normal inheritance circumstances.
Yes, it can, particularly if it is found that it was not prepared according to the legal requirements, or if there was proof of coercion or fraud involved in its preparation.
Enlisting the assistance of a lawyer in the creation of your will is one of the best methods to guarantee its legality and lessen the likelihood of conflicts and challenges later on.
If there is no will at the time of death, Polish inheritance law will apply, and your property will be divided among your relatives in proportions established by law.
The official website of the Polish Government and Ministry of Justice provides useful information related to inheritance and succession law. The Krakow Bar Association can also provide lists of registered lawyers specializing in inheritance law.
If you decide you need legal assistance in drafting your will or testament, the next step is to seek counsel from a lawyer experienced in this field. You may consider contacting the Krakow Bar Association to find a suitable lawyer. It may also be useful to understand your estate, your beneficiaries, and anticipate any possible disputes or challenges to your will ahead of your meeting with your legal advisor.
