A WILL is a document in which we dispose of our assets in the event of death. In other words, the person making the will – the testator – decides who and in what proportions should receive their belongings and property rights. The totality of things and property rights that the deceased leaves behind is called an estate. A will allows you to settle the fate of your assets after death without being forced to transfer ownership during your lifetime. Decisions once made can also be changed at any time: the will can be revoked entirely or its provisions can be amended.
WORTH THINKING ABOUT – a will can be drawn up at any point in life. One thing is certain, however – it is not worth putting it off until later. It is wise to put your financial affairs in order in advance. It may turn out that in the future we will not be able to clearly and precisely convey our last wishes.
THE TESTATOR, i.e. the person making the will, can be any adult who has full legal capacity, e.g. has not been incapacitated.
Three ways to make a will
A will can be written by hand (known as a handwritten or holographic will), with a date and signature. Remember that a handwritten signature under a computer-printed text is not sufficient – the entire will must be written in the testator's own handwriting. No one can write such a will on their behalf. No witnesses are needed for its validity, but it is worth ensuring that it is stored in a safe place and that the heirs know about its existence. Otherwise, it may turn out that in the absence of information about the will, inheritance will be based on statutory provisions.
A will can be drawn up at a notary's office. From a legal perspective, this is a form equivalent to a handwritten will, but it gives the testator incomparably greater security.
Firstly, the notary will ensure that the will reflects the testator's wishes as faithfully as possible and does not contain provisions inconsistent with the law. Secondly, a notarial will is very difficult to challenge, and the possibilities of fraud by omitted heirs are also significantly limited. Thirdly, the original document will be safely stored in the notary's office, which essentially eliminates its destruction or loss.
The least commonly used form of an ordinary will is the allographic will. It is drawn up before the mayor, starosta, voivodeship marshal, county or commune secretary, or head of a civil registry office. The presence of two witnesses is also required. The number of improperly drawn up wills in this manner in the past has meant that this form of document is now very rarely encountered.
What does a will contain?
The most important provisions of a will (testamentary dispositions) concern the appointment of heirs and the determination of the fractional shares in which they inherit our assets. The simplest disposition is to designate one person to whom we want to transfer all assets. It is worth remembering that under current Polish law, assets cannot be distributed in such a way that specific components of the estate go to specific persons. Those called to inherit become co-owners – in appropriate shares – of each asset component. Only in the next step can they divide the estate.
The testator may oblige the heirs to provide a specific financial benefit – this is a so-called testamentary legacy. After the will is opened, the legatee may then demand that the heirs fulfil this benefit. The testator may also include an instruction in the will – imposing on heirs or legatees an obligation to perform or refrain from a specific action, without making anyone a creditor.
Additional important information
The testator has full freedom to express their wishes. They may therefore change all or individual provisions of the will at any time. They may also revoke the will entirely if they want inheritance to be based on statutory law.
There is no obligation to dispose of one's assets in a will. If we do not make a will, our assets will be subject to statutory inheritance rules.
People wishing to safeguard their wills can do so through the Will Registry. The registry allows the existence of a document to be confirmed and makes it easier to access. Registration is voluntary and free of charge. At the testator's request, it is performed by a notary. However, the registry does not contain information about the content of the document, only confirming that it has been drawn up. It also indicates the office where it was deposited. Information about the registration of a will is disclosed only after the testator's death. Thanks to this (upon presenting the death certificate), heirs, creditors, and probate courts can confirm the existence of the document. For clients, the most important advantage of the Registry is the certainty that the registered will will not be lost, and thus their wishes will be fulfilled.
How much does a notarial will cost?
Depending on whether the will contains various types of special provisions, having it drawn up at a notary's office will cost from PLN 50 to PLN 150 net. A small additional amount – usually a dozen or so zlotys – should be added for each set of certified copies.
How to book an appointment?
To book an appointment, simply call +48 531 772 110, send an email to kancelaria@notariuszsiechnice.pl, or visit the Office in person.