Publication date: 28.08.2024
How to properly draw up a will in Poland: step-by-step instructions
Drawing up a will is an important step in planning the future of your property. In Poland, this process has its own peculiarities, which should be known to everyone who lives or owns property in this country. Let's consider in detail how to correctly draw up and execute a will in Poland to ensure the fulfillment of your last will.
What is a will and its meaning in Polish law
A will is a legal document that determines how a person's property will be distributed after their death. In Polish law, a will has a special meaning, as it allows the testator to dispose of his property according to his own wishes, and not according to the general rules of inheritance.
Question
Is it necessary to make a will in Poland?
Answer
Making a will in Poland is not mandatory, but it is a recommended step to ensure the correct distribution of property after death. Without a will, property is distributed according to the law of inheritance, which may not correspond to the wishes of the deceased. Therefore, the service of legal analysis of a situation regarding the need to draw up a will can be useful for everyone.
It is important to understand that the absence of a will can lead to conflicts between heirs and complicate the process of property distribution. Therefore, applying for a lawyer's consultation service will help you understand all the nuances and make an informed decision about drawing up a will.
Types of wills in Poland
In Polish legislation, several types of wills are distinguished. Let's consider the main ones:
The main types of wills in Poland:
- Handwritten testament (testament holographiczny)
- Notarial will (testament notarialny)
- Allographic testament (testament allograficzny)
- Oral testament (testament ustny)
Each of these types has its own characteristics and design requirements. The legal document analysis service will help you choose the most suitable type of will and ensure its legal validity.
Requirements for drawing up a personal will
A handwritten will is the easiest way to make a last will. However, it must meet certain requirements:
Basic requirements for a handwritten will:
- The will must be completely handwritten by the testator
- The document must contain the date of compilation
- The will must be signed by the testator
Although this type of will does not require the participation of a notary, the service of a legal opinion of a lawyer can be useful to check the correctness of the document and avoid possible mistakes.
Features of a notarial will
A notarial will is considered the most reliable way of making a last will. Its advantages are as follows:
Advantages of a notarial will:
Guarantee of compliance with all legal formalities
Reducing the risk of contesting the will
Keeping the original of the document with a notary
To draw up a notarial will, you should use the services of a lawyer who will help you formulate your wishes correctly and avoid legal mistakes.
Allographic will: when and how to make it
An allographic will is drawn up in the presence of officials, but not a notary. This type of will can be useful in certain situations:
Question
In what cases is it appropriate to make an allographic will?
Answer
It is appropriate to draw up an allographic will when it is not possible to contact a notary, for example, due to the remoteness of the place of residence or the state of health of the testator. This type of will is drawn up in the presence of two witnesses and an authorized person, such as a mayor, burgomaster or city president. The legal situation analysis service will help determine whether an allographic will is appropriate in your case.
It is important to remember that an allographic will has its own characteristics and limitations. Therefore, before drafting it, it is recommended to seek a legal opinion of a lawyer to ensure the legal validity of the document.
Verbal will: exceptional circumstances for its application
An oral will is the least formal type of will and can be made only under special circumstances:
Conditions for making an oral will:
- Presence of a direct threat to the testator's life
- Impossibility of making a will in another form
- Presence of at least three witnesses
Although an oral will is valid under Polish law, its use is limited and can cause enforcement problems. Therefore, the service of legal analysis of the documents can be useful for assessing risks and finding alternative solutions.
Content of the will: what should be included
When drawing up a will, it is important to clearly formulate your wishes regarding the distribution of property. Here are the main points that should be included in the will:
Key elements of the content of the will:
- Full name and address of the testator
- A clear list of property and its distribution among heirs
- Appointment of the executor of the will (optional)
- Special arrangements (eg burial)
A written consultation service from an experienced lawyer will help you structure the content of the will correctly and take into account all important aspects.
Amendment and cancellation of the will
A will is not a final document and you have the right to change or revoke it at any time during your lifetime. Let's consider the main ways of making changes to the will:
Methods of changing or canceling a will:
- Drawing up a new will
- Amending the existing will
- Destruction of the document (for a handwritten will)
Before making changes to the will, it is recommended to contact the service of legal analysis of a situation in order to assess the consequences of such changes and ensure their legal validity.
The role of witnesses in making a will
In some cases, the presence of witnesses is necessary when drawing up a will. This is especially important for allographic and oral wills. Let's consider the requirements for witnesses:
Requirements for witnesses of the will:
Witnesses must be of legal age
They cannot be heirs or their close relatives
Witnesses must be competent
Online lawyer service can help you understand the role of witnesses and properly organize the process of drawing up a will with their participation.
Registration of a will: is it necessary to do it?
There is no compulsory registration of wills in Poland, but it can be a useful step to ensure that your last will is carried out.
Question
What are the advantages of registering a will?
Answer
Registration of a will, although not mandatory in Poland, provides a number of advantages. It ensures the preservation of information about the existence of a will, which facilitates its search after the testator's death. In addition, registration can prevent the document from being lost or destroyed. The legal opinion service of a lawyer will help you assess the feasibility of registering your will and carry out this procedure correctly.
It is worth noting that registration does not affect the legal force of the will, but it can greatly simplify the inheritance process. Therefore, it is recommended that you consider this option, especially if you have a complex property structure or international assets.
International aspects of making a will in Poland
If you are a foreigner living in Poland or have property in different countries, drawing up a will may have additional nuances:
Features of international wills:
- Choice of applicable law
- Taking into account the peculiarities of inheritance in different countries
- The possibility of drawing up separate wills for property in different jurisdictions
In such cases, the services of a lawyer in Poland with experience in international law can be invaluable for the correct execution of your last will.
Making a will in Poland is an important step to ensure the correct distribution of your property after death. Although the process may seem complicated, understanding the basic requirements and options will help you make the right decision. Regardless of the type of will you choose, it is important to ensure that it complies with the law and clearly expresses your will. If you are in doubt or have a difficult situation, do not hesitate to seek professional help. Online lawyer service or consultation with an experienced lawyer in Poland will help you draw up a will correctly and ensure peace of mind for the future of your property. Remember that a properly drafted will is a guarantee of fulfilling your last will and protecting the interests of your loved ones. Do not postpone this important decision for later, contact the CONSULTANT legal marketplace today and receive qualified assistance in drafting your will.
