Note: this guide is for informational purposes and is based on regulations in force in Poland (as of June 2026). For larger estates, businesses, real estate, or assets abroad, it is advisable to draft a will with a notary or consult a lawyer.
What is a will and why write one
A will is a document in which you decide what will happen to your assets after your death. It takes precedence over statutory inheritance. Without a will, your estate is inherited by your family according to the rigid rules of the Civil Code, which may not always reflect your wishes.
A will allows, among other things:
- to bequeath assets to someone who would not inherit anything by law (for example, an unmarried partner),
- to decide who will receive specific items (an apartment, savings, a business),
- to limit future disputes within the family,
- in exceptional situations, to disinherit someone (disinheritance).
Who can and how to draft a will
- a will can only be drafted by a person with full legal capacity (generally an adult and not incapacitated),
- a will must be drafted personally - it cannot be done by a proxy,
- one will can contain the wishes of only one person - there are no valid joint wills in Poland, such as marital wills in one document,
- a will can be changed or revoked at any time.
Types of wills
| Type | What it involves |
|---|---|
| Holographic | Entirely handwritten by the testator, with a date and signature. The simplest and free of charge. |
| Notarial | Drafted by a notary. The safest, difficult to contest, registered. |
| Allographic (official) | Oral declaration of intent before an official (e.g., mayor, head of USC) in the presence of two witnesses, recorded in a protocol. |
| Special (e.g., oral) | Only in exceptional situations (e.g., fear of imminent death). Becomes invalid after a certain time (generally 6 months). |
Holographic will - three conditions for validity
This is the most popular form. To be valid, it must meet three conditions:
- be entirely handwritten by the testator,
- be dated,
- be signed by the testator.
The absence of a date does not always invalidate the will if there is no doubt about the testator's capacity, the content, or the order of several wills. Nevertheless, it is always advisable to include a date.
The most common mistakes that invalidate a holographic will: writing it on a computer and only signing it by hand, lack of a signature, signature in a different place than under the content, dictating the text to another person. The entire text must come from your hand.
Notarial will - the safest
It is drafted by a notary, who ensures correctness and compliance with the law. Advantages include:
- very difficult to contest,
- will not get lost - the original remains with the notary,
- only in this form can a testamentary bequest be established (more on this below),
- can be registered in the Notarial Register of Wills (NORT), making it easier to locate after death.
This solution is particularly recommended for real estate, businesses, larger estates, or when disputes are anticipated.
What can be included in a will
- appointment of an heir - indicating who and in what share inherits,
- regular bequest - obligation of the heir to transfer a specified item or amount to a designated person,
- testamentary bequest - direct transfer of a specific item to a designated person (only in a notarial will),
- instruction - imposing an obligation for a specific behavior (e.g., care for a pet),
- disinheritance - depriving a close person of the right to forced heirship (only for statutory reasons),
- appointment of an executor of the will - a person who will ensure your wishes are carried out.
Regular bequest vs. testamentary bequest - key difference
| Feature | Regular bequest | Testamentary bequest |
|---|---|---|
| Effect | The legatee has a claim for the heir to deliver the item | The item passes directly to the designated person upon death |
| Form of the will | Any form (including holographic) | Only notarial |
| Conditions and deadlines | Can be stipulated | Cannot stipulate conditions or deadlines |
If you want a specific person to definitely and immediately receive a specific item (e.g., an apartment), the safest option is a testamentary bequest in a notarial will.
Disinheritance - only for valid reasons
Disinheritance is the deprivation of a close person (descendant, spouse, or parent) of the right to forced heirship. It is only possible for reasons specified by law, including when the entitled person:
- persistently acts contrary to the principles of social coexistence against the will of the testator,
- commits a deliberate crime against the life, health, or freedom of the testator or serious defamation,
- persistently fails to fulfill family obligations towards the testator.
The reason for disinheritance must be explicitly stated in the will. Simply omitting someone in the will does not constitute disinheritance - such a person can still claim forced heirship.
Will and forced heirship
Remember: a will does not automatically exclude forced heirship. If you leave your estate to one person, omitted close relatives (children, spouse, parents) can demand forced heirship from them - generally half, and minors and permanently disabled persons two-thirds of what they would have received by law. Forced heirship can only be excluded through effective disinheritance.
Witnesses and revocation of a will
- for some forms (e.g., allographic), witnesses are needed - they cannot be, among others, a person who is to benefit from the will, or their relatives,
- a will can be revoked or changed at any time - by drafting a new one, a clear revocation, or destroying the document,
- if you are drafting a new will, it is advisable to indicate that you are revoking the previous one to avoid doubts.
Where to store a will
Keep a holographic will in a safe place and inform a trusted person where it is located - otherwise, it may never be found. A notarial will remains with the notary and can be registered in the Notarial Register of Wills (NORT). The register does not disclose the content but allows determining whether and with which notary a will exists after death.
Considerations when preparing a will
- List your assets - real estate, savings, business, valuable items.
- Decide who should receive what - and whether you want to specify particular items (then consider a testamentary bequest with a notary).
- Think about forced heirship - who among your close relatives might demand it and whether you want to account for this.
- Consider an executor of the will - for more complex estates.
- Choose the form - holographic for simple situations, notarial for more serious matters.
- Update the will after significant changes (marriage, divorce, birth of a child, purchase of real estate).
- Ensure it can be found - inform relatives or use registration in NORT.
Common mistakes
- A will written on a computer. A holographic will must be entirely handwritten.
- Lack of a signature or signature not under the content. This is a common cause of invalidity.
- Joint will of spouses. In Poland, this is not valid - each writes their own.
- Disinheritance without stating a reason. Without a statutory reason, it is ineffective.
- Believing that a will excludes forced heirship. It does not exclude it unless disinheritance occurs.
- Hiding the will so that no one can find it. Inform a trusted person.
For the Polish diaspora: will when living abroad
- in a will, you can choose your home law (e.g., Polish) as applicable to the entire estate - this is important because, by default, EU law applies the law of the place of habitual residence (EU Regulation No. 650/2012),
- a will drafted according to the law of the country of residence is usually valid, but forms may vary - for assets in Poland, it is advisable to consult a Polish notary,
- if you have assets in several countries, consider a notarial will and a clear choice of law to facilitate matters for your relatives.
The rules of inheritance and the entire inheritance process are described in more detail in the inheritance guide (link below).
See also
- Inheritance in Poland - how inheritance proceeds, debts, forced heirship, step by step
- Bank account after death - blocking, disposition, and what needs to be returned
- Funds from the ZUS sub-account and OFE - inheritance (USS application)
Frequently asked questions
Can a will be written on a computer?
A holographic will - no. It must be entirely handwritten. Only a notarial will or a protocol written by an official can be printed.
Do I need a notary?
Not always. For simple situations, a holographic will is sufficient. A notary is recommended for real estate, businesses, and risk of disputes, and is necessary for a testamentary bequest.
Can I leave everything to one person?
Yes, but omitted close relatives can demand forced heirship unless they have been effectively disinherited.
Can a husband and wife have a joint will?
No. In Poland, everyone drafts their own will.
Can I change my will?
Yes, at any time - by drafting a new will, revocation, or destruction of the previous one.
How to ensure a specific person receives a specific item?
The safest way is through a testamentary bequest in a notarial will.
Checklist
- Assets and individuals who will inherit have been established.
- The form of the will has been chosen (holographic or notarial).
- For specific items, a testamentary bequest with a notary has been considered.
- Forced heirship or disinheritance (with a stated reason) has been accounted for.
- The holographic will has been entirely handwritten, dated, and signed under the content.
- Storage and retrieval have been ensured (trusted person or NORT).
- Updating has been planned after significant life changes.
Legal basis
- Act of April 23, 1964, Civil Code - Book Four (Inheritance), including Art. 949 (holographic will), Art. 951 (allographic will), provisions on regular and testamentary bequests, and Art. 1008 and subsequent (disinheritance).
- Regulation of the European Parliament and Council (EU) No. 650/2012 - choice of law applicable to inheritance.
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