Everyone who has accumulated some assets wonders how they can pass them on to their loved ones. These are not easy decisions; they always require careful thought and an individual choice. For example – do we want to remain the owners of the assets until the end of our lives and dispose of them only by indicating an heir in a will? Or perhaps transfer them during our lifetime in the form of a donation or a life estate agreement? At the same time, we must be aware that our decisions have different consequences.
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 shares should receive the items and property rights belonging to them. Such a total of items and property rights left after the death of the testator is called an inheritance. A will allows us to regulate the fate of our assets after our death without forcing us to transfer ownership during our lifetime. Once made, decisions can also be changed at any time: the will can be entirely revoked, or its provisions can be altered.
WORTH CONSIDERING – a will can be made at any point in life. One thing is certain, though – it is not worth putting it off. It is good to put property matters in order beforehand. It may turn out that in the future, we will not be able to clearly and precisely communicate our last will.
THE TESTATOR, i.e., the person making the will, can be any adult person who has full legal capacity, e.g., has not been incapacitated.
Three ways to make a will?
A will can be written by hand (it is then called a handwritten or holographic will), bearing the date and one's signature. Please note that a handwritten signature under a computer-printed text is not enough – the entire will must be drawn up in the testator's handwriting. No one can write such a will on their behalf. Witnesses are not required for its validity, but it is worth ensuring that it is kept in a safe place and that the heirs know of its existence. Otherwise, due to a lack of information about the will, statutory inheritance rules will apply.
A will can be drawn up by a notary. From a legal perspective, this form is equivalent to a handwritten will, but it provides the testator with incomparably greater security.
Firstly, the notary will ensure that the will reflects the testator's will as faithfully as possible and does not contain provisions contrary to the law. Secondly, a notarial will is very difficult to challenge, and the possibilities for any fraud by omitted heirs are significantly reduced. Thirdly, the original document will be securely stored in the office, which practically prevents its destruction or loss.
The least frequently used form of an ordinary will is an allographic will. It is drawn up before a village mayor (mayor, city president), starosta, marshal of the voivodeship, secretary of the district or municipality, or head of the registry office. The presence of two witnesses is also required. The number of incorrectly drafted wills in the past using this method has made this form of document very rare today.
What does a will contain?
The most important provisions of a will (testamentary dispositions) concern the designation of heirs and the determination of the fractional shares in which they inherit our assets. Therefore, the simplest disposition would be to indicate one person to whom we wish to transfer the entire estate. It is worth remembering that under current Polish law, assets cannot be disposed of in such a way that specific asset components fall to specific individuals. Those called to inherit become co-owners – in respective shares – of each asset component. Only in the next stage can they divide the inheritance.
The testator may oblige the heirs to fulfill a specific property obligation – this is known as a testamentary legacy. After the opening of the will, the legatee may demand the heirs to fulfill this obligation. The testator may also include an instruction in the will – imposing an obligation on heirs or legatees to perform a specific action or omission without making anyone a creditor.
Additional important information
The testator has complete freedom to express their will. They can therefore change all or individual provisions of the will at any time. They can also entirely revoke the will if they want their inheritance to take place on statutory grounds.
There is no obligation to dispose of your assets in a will. If we do not make a will, our assets will be subject to statutory inheritance rules.
People wishing to secure the wills they have drawn up can do so using the Register of Wills. The register allows confirmation of the document's existence and makes it easier to access. Entry in the register is voluntary and free of charge. It is done by a notary at the testator's request. However, the register does not contain information on the content of the document, but merely confirms that it has been drawn up. It also indicates the office where it was deposited. Information on the registration of a will is only disclosed after the testator's death. Thanks to this (upon presentation of the death certificate), heirs, as well as creditors and inheritance courts, can confirm the document's existence. For clients, the most important advantage of the Register is the certainty that the registered will not be lost, and therefore their will be fulfilled.
Depending on whether the will contains various special provisions, its preparation by a notary will cost between PLN 50 and PLN 150 net. A small sum – usually around a dozen zlotys – should be added for each set of certified copies.