What are the conditions for the validity of wills?

The most common wills in Poland are handwritten wills and notarised wills. Special wills (emergency wills, military wills) will not be discussed here.

A handwritten will must be drawn up, set down, signed and dated by hand. However, a lack of dating does not necessarily render the will invalid if this does not give rise to any doubts regarding the testator's testamentary capacity or the will's other validity, Art. 949 § 2 ZGB. This regulation is similar to German law.

It is also possible to draw up a will in a notarised deed (Art. 951 ZGB). In a notarised deed, the testator can order a vindication legacy. You can find out more about this in our Article on the effect of legacies in Poland. If you have any further questions, please contact your specialist inheritance lawyer in Düsseldorf and Krefeld, Dr Michael Gottschalk.