The notary draws up notarial wills, i.e. documents expressing the testator’s last will in the form of a notarial deed, as referred to in Article 950 of the Civil Code. A will can only be made by a natural person with full legal capacity. It should be emphasised that a will must be made in person – it is not possible to make a will through an attorney-in-fact. Moreover, a will cannot be made by two people together – this also applies to spouses. In such a case, two separate documents must be prepared.
In addition to drawing up wills, our notarial services also include preparing deeds of certification of succession.
What does a will contain?
In a will, the testator determines how their property is to be disposed of upon their death. The testator may make a written will, which should be written entirely by hand, dated and signed by the testator. When a notarial will is drawn up, it is possible to include a specific bequest (zapis windykacyjny). This means that a specific asset – e.g. real estate or a car – can be bequeathed to a specific person. It is worth adding that a will can be revoked or amended at any time.
How to prepare for making a will?
Preparing to make a will before a notary involves several important steps to ensure that the document meets all legal requirements and reflects your wishes:
- think your decision through – consider what the will should contain;
- choose an executor – you may choose a person who will act as the executor of the will, i.e. the person responsible for carrying out your instructions after your death;
- prepare identity documents – you need a valid identity document, such as an ID card or passport, which will be required for identification before the notary;
- prepare questions for the notary – if you have questions about making a will, it is a good idea to prepare them in advance to make sure the whole process and its legal consequences are clear to you;
- arrange a meeting with the notary – contact the notary office and arrange a meeting with the notary to make the will.
Preparing in this way will help you go through the process of making a will smoothly, in accordance with your wishes and the applicable law. The notary will be able to provide additional information and advice on the details that may be relevant in your particular case.