Inheritance and Wills in Polish Family Law

Navigating the legal aspects of inheritance and wills in Poland can be complex, especially during an already emotionally challenging time. At Geissin Law, we specialize in Polish family law, ensuring that your rights are protected and that the inheritance process is as smooth as possible.

Inheritance Law in Poland: Key Principles

Under Polish law, inheritance is governed by the Civil Code, which outlines how estates are distributed when a person passes away. There are two primary ways inheritance is handled:

• Testate Succession (Inheritance by Will) – When the deceased leaves a valid will, their assets are distributed according to their wishes.
• Intestate Succession (Inheritance by Law) – If no will exists, Polish inheritance law determines how the estate is divided among legal heirs (spouse, children, parents, etc.).

Who Can Inherit Under Polish Law?

Polish inheritance law prioritizes close family members in the following order:

• Spouse and children (or grandchildren if children are deceased)
• Parents (if no spouse or children exist)
• Siblings (if no parents, spouse, or children are alive)
• Grandparents (in the absence of closer relatives)

Even if a will exists, certain family members (such as a spouse, children, or parents) may still be entitled to a mandatory share (zachowek) of the estate, ensuring they receive at least half of what they would have inherited under statutory succession.

The Importance of a Will in Poland

Drafting a will ensures that your assets are distributed according to your wishes. Without one, Polish inheritance laws take over, which may not align with your intentions.

Types of Wills Recognized in Poland

1. Holographic Will (Handwritten Will) – Written entirely by the testator, signed, and dated. No witnesses are required.
2. Notarial Will – Prepared and certified by a notary, providing the highest level of legal certainty.
3. Allographic Will (Oral Will) – Declared orally in the presence of two witnesses, typically used in emergencies.

Challenges to a Will in Poland

A will can be contested if:

• It was created under duress or undue influence.
• The testator lacked legal capacity at the time of drafting.
• The will does not comply with formal requirements (e.g., missing signatures).

How Geissin Law Can Help

At Geissin Law, our experienced attorneys provide comprehensive legal support in matters of inheritance and wills, including:

• ✔ Drafting and reviewing wills to ensure validity
• ✔ Representing clients in inheritance disputes
• ✔ Handling estate administration and probate proceedings
• ✔ Advising on international inheritance cases (for foreigners with assets in Poland)

Final Thoughts

Proper estate planning can prevent legal conflicts and ensure your loved ones are taken care of. Whether you need help drafting a will, navigating inheritance procedures, or resolving disputes, Geissin Law is here to assist you every step of the way.

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Geissin Law – Your Trusted Partner in Polish Family Law.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For personalized legal assistance, please consult a qualified attorney.