What is a will and who can make one?
A will is a legal act by which the testator disposes of their property in the event of death. Special dispositions known as mortis causa can only be made by way of a will. Under the Polish Civil Code, a will can be made and revoked only by natural persons with full legal capacity, that is, as a rule, natural persons who are 18 years of age or older. A will made by a person lacking testamentary capacity is absolutely null and void. A will is a unilateral act and, due to its personal character, it cannot be made jointly with another person, nor can it be made by a representative (an attorney-in-fact).
Types of wills
Polish civil law distinguishes two categories of wills: special wills and ordinary wills. Special wills are made in exceptional circumstances, in particular where there is a fear of imminent death or in time of war; they include oral, travel and military wills. Ordinary wills, given their significance, take three forms: holographic wills (handwritten), official wills (allographic) and notarial wills.
The notarial will
The notarial will, which belongs to the category of ordinary wills, is one of the safest forms of disposing of property. It is drawn up in compliance with the requirements of the Act on the Notarial Profession and is characterised by the utmost diligence, given the strict formal requirements surrounding a notarial deed. Choosing to make a will in the form of a notarial deed minimises the risk of it being challenged or drawn up contrary to the law, and rules out any potential doubts as to its interpretation. When making a will in the form of a notarial deed, you can immediately request its entry in the Notarial Register of Wills.
How to make a will before a notary?
The notary is appointed to perform notarial acts, among others, when a party wishes to give an act notarial form; thus, to make a notarial will, an oral declaration of intent is sufficient, which is then recorded in the form of a notarial deed. The testator should first of all decide how their property is to be disposed of in the event of death and provide the details of the persons they wish to appoint to the inheritance. Only a will made in the form of a notarial deed allows the inclusion of a so-called specific bequest (zapis windykacyjny), the subject of which may be individual assets, including real estate.
How to make a handwritten will?
A handwritten (holographic) will is an ordinary will and must be written by the testator entirely by hand, dated and signed by the testator. The absence of a date does not render a handwritten will invalid, provided it raises no doubts as to the testator’s capacity to make a will, as to its contents, or as to the mutual relationship between several wills. A handwritten will should not contain dispositions of individual assets, as in such a case doubts may arise as to its interpretation. To avoid the risk that a handwritten will is invalid or drafted in a way that requires interpretation, it is worth choosing to make a notarial will.
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