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    Oral will (testament) in Poland

    Accounting Coming soon


    Oral will (testament) in Poland

    When can an oral will be made?

    Polish Inheritance Law provides that in case of fear of imminent death of the testator, or under extraordinary circumstances when it is impossible or very difficult to preserve the ordinary form of a will (testament), the testator can declare his last intent orally in the simultaneous presence of at least three witnesses. 

    Who can ascertain content of oral will?

    The contents of the oral will can be ascertained by writing down the testator's declaration by one of the witnesses or a third party in less than one year's time from the time of the declaration, providing a date and place of the declaration as well as the date when the written document was made, and the document signed by the testator and two witnesses or all the witnesses. In case the content of the oral will is not confirmed in the above mentioned way, it can be ascertained by the testimony of the witnesses given before Court of Poland within six months from the opening of the inheritance. If examination of one of the witnesses is impossible or presents significant obstacles, Polish court may settle the will by the unanimous testimony of two witnesses. 

    Can a written will be revoked or changed as per Polish law?

    Polish Inheritance Law provides revocable act. The testator has full freedom to revoke a will. To revoke a will, the testator must express such an intent - he can do it in a clear manner, e.g. by writing a new will in which the previously made will is revoked or in an implied way, e.g. by destroying the document, crossing it out with an appropriate annotation, etc. The person revoking the will is not obliged to provide reasons for revoking it. A notary will can be revoked in the same way, revisiting the notary's office is not necessary. 

    Oral will (testament) in Poland

    As per Polish Inheritance Law appointment through a will takes precedence over statutory succession. If the testator has made his will, his intent expressed in the will takes precedence over statutory regulations and the persons appointed by the testator are heirs. However, the descendants (children, grandchildren, etc.), spouse or testator's parents who are entitled to the Polish statutory inheritance, if the entitled person is permanently unable to work or if the eligible descendant is a minor, are entitled to two thirds of the inheritance share and, in other circumstances - half of the share (forced share).  

     

    Contact our lawyers specialized in oral wills

    Please address your enquiries to: info@dudkowiak.com, we will do our best to answer to you e-mail within 24 hours. 





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