Types of Wills in Poland - Last Will and Succession Laws
Adam Florczak
Types of will
The appointment of an heir is not a formal
requirement.
May contain any kind of proprietary provision
May contain provisions wchich do not have
proprietary effect
Content of a will
On the testator’s death, the will is officially
„announced”
Anyone who is in possesion of a will must deliver it
to a court
The will itself and a transcript of the announcement
are stored at the court with the notary.
Publication after death
They’re common in practice
Such will is handwritten by the testator, signed and
dated.
A failure to use handwriting invalidates the will.
The will needs to be signed by the testator.
A handwritten will must contain a date.
Holograph wills
It is governed by Law on Notaries.
Notarial will give the day, month and year of the act.
Notarial act has the quality of an offcial document
only if it complies with all the requirements of the
said law.
Any infringment of the Law on Notaries results in
invalidity of the will.
Notarial wills
It must contain the place of the act, the name and the
place of operation of the notary, the first names,
family name, and place of residence of the testator,
and the names of his or her parents.
Construction of notarial
will
The will is received by a nominated official
Presence of the official and 2 witnesses is necessary
Certain persons are ineligible to act as witnesses
Failure to comply with a formality results in
invalidity
Allograph wills
The oral will is the only emergency will with
continuing relevance for
modern practice
The will must be declared in the conccurent presence
of at least three qualifying witnesses.
The will has to be ascertained.
Oral wills
The testator communicates his or her tesentary
intentions to thhip’s ( or aircraft’s) captain or deputy
in the presen of two witnesses.
Wills made on board a ship or
aircraft
Can only be made at time of war, mobilization or
captivity.
The will is communicated orally to a military judge,
who records the statement in writing.
Military wills
The various types of wills available in Poland, including ordinary, emergency, oral, holograph, notarial, and allograph wills. Understand the content, publication after death, and construction of notarial and allograph wills. Learn about the requirements and formalities involved in different types of wills under Polish law.
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Presentation Transcript
Last Will and Succesion in Poland Adam Florczak
Types of will Ordinary will; Emergency will; Oral; Holograph; Notarial; Allograph;
Content of a will The appointment of an heir is not a formal requirement. May contain any kind of proprietary provision May contain provisions wchich do not have proprietary effect
Publication after death On the testator s death, the will is officially announced Anyone who is in possesion of a will must deliver it to a court The will itself and a transcript of the announcement are stored at the court with the notary.
Holograph wills They re common in practice Such will is handwritten by the testator, signed and dated. A failure to use handwriting invalidates the will. The will needs to be signed by the testator. A handwritten will must contain a date.
Notarial wills It is governed by Law on Notaries. Notarial will give the day, month and year of the act. Notarial act has the quality of an offcial document only if it complies with all the requirements of the said law. Any infringment of the Law on Notaries results in invalidity of the will.
Construction of notarial will It must contain the place of the act, the name and the place of operation of the notary, the first names, family name, and place of residence of the testator, and the names of his or her parents.
Allograph wills The will is received by a nominated official Presence of the official and 2 witnesses is necessary Certain persons are ineligible to act as witnesses Failure to comply with a formality results in invalidity
Oral wills The oral will is the only emergency will with continuing relevance for modern practice The will must be declared in the conccurent presence of at least three qualifying witnesses. The will has to be ascertained.
Wills made on board a ship or aircraft The testator communicates his or her tesentary intentions to thhip s ( or aircraft s) captain or deputy in the presen of two witnesses.
Military wills Can only be made at time of war, mobilization or captivity. The will is communicated orally to a military judge, who records the statement in writing.
