How to Write a Will in Poland -- Step-by-Step Guide

Why You Need a Will in Poland

Only about 15-20% of Polish adults have written a will. The rest rely on statutory inheritance rules -- which may not reflect their actual wishes. Whether you're a Polish citizen or an expat living in Poland, having a valid will ensures your assets go where you intend.

Without a will, Polish law dictates a fixed order: spouse and children inherit equally (with the spouse receiving at least 1/4). If that's not what you want, a will is the only solution.

Types of Wills in Poland

Polish law recognizes several types of wills. The three most common:

1. Holographic Will (Testament Wlasnorecny)

The simplest and most popular form. Requirements:

• Entirely handwritten -- not typed, not printed
• Signed -- full name at the end
• Dated -- day, month, year

This is critical: a printed will with only a handwritten signature is invalid in Poland. Every word must be written by hand.

Example:

I, Anna Nowak, residing in Krakow, declare that I bequeath my entire estate to my husband Marek Nowak and my daughter Zofia Nowak in equal shares.

Krakow, March 9, 2026 Anna Nowak

Cost: Free. Just paper and pen.

2. Notarial Will (Testament Notarialny)

Prepared by a notary in the form of a notarial deed. Advantages:

• Harder to contest -- the notary verifies identity and mental capacity
• Securely stored -- in the notary's office and NORT registry
• Professional guidance -- the notary can advise on legal implications

Cost: 100-300 PLN (notary fee plus copies).

3. Allographic Will (Testament Allograficzny)

An oral declaration made before a municipal official (mayor, commune head) in the presence of two witnesses. Rarely used but available for those who cannot write.

Step-by-Step: Writing a Holographic Will

Step 1: Inventory Your Assets

Before writing, know what you own:

• Real estate (apartments, land, houses)
• Bank accounts (mBank, ING, PKO, Revolut)
• Investments (stocks, ETFs, bonds on XTB or other platforms)
• Retirement accounts (IKE, IKZE, OFE)
• Cryptocurrency (Binance, Bybit, hardware wallets)
• Vehicles, valuables, jewelry
• Debts and liabilities

An app like Freenance can help you see all your assets in one dashboard -- bank accounts, investments, crypto, and Polish Treasury Bonds -- giving you a clear starting point.

Step 2: Decide Who Gets What

Your options:

• Appoint heirs to the whole estate -- e.g., spouse 50%, child 25%, child 25%
• Make specific bequests (zapis zwykly) -- e.g., "my car goes to my brother"
• Vindication legacy (zapis windykacyjny) -- transfers specific items directly upon death (requires notarial form)
• Disinherit (wydziedziczenie) -- deprive someone of their forced share (zachowek), but only for legally valid reasons

Step 3: Write the Will

Take paper and pen. Write clearly in your own handwriting.

Structure:

1. Title -- "Testament" (optional but helpful)
2. Personal details -- name, address
3. Declaration -- who inherits and in what proportions
4. Any specific bequests
5. Date (day, month, year)
6. Signature

Step 4: Store It Safely

Options:

• At home -- in a location known to a trusted person
• With a notary -- even handwritten wills can be deposited
• In NORT -- the Notarial Registry of Wills (Notarialny Rejestr Testamentow), cost approximately 50 PLN

Step 5: Tell Someone

A will nobody knows about is useless. Inform at least one trusted person about its existence and location.

Forced Heirship (Zachowek) -- A Critical Consideration

Poland has a forced heirship system. Even with a will, certain relatives can claim a portion of your estate:

• Spouse, children, parents are entitled to zachowek
• Amount: 1/2 of their statutory share (2/3 if minor or permanently incapacitated)
• You cannot fully disinherit without legally valid grounds

This means your will can be partially overridden. Understanding zachowek is essential when writing a will.

Common Mistakes

1. Typing instead of handwriting -- the will is completely invalid
2. Missing signature -- invalid
3. Missing date -- may be contested
4. Vague language -- "I want my sister to have something nice" is not enforceable
5. Ignoring zachowek -- your plan may be disrupted by forced heirship claims
6. Never updating -- after marriage, divorce, new children, or major asset changes

When to Update Your Will

• After marriage or divorce
• After birth or adoption of a child
• After acquiring or selling significant assets
• After the death of a named heir
• After major relationship changes

A new will automatically revokes the previous one -- but it's good practice to explicitly state this.

Special Considerations for Expats

If you're a foreign national living in Poland:

• EU Succession Regulation applies -- you can choose the law of your nationality to govern your estate
• Include a choice-of-law clause in your will if you prefer your home country's rules
• Consider having wills in multiple jurisdictions for assets in different countries
• Consult a cross-border estate planning lawyer

Digital Assets

Don't forget about:

• Email and social media accounts
• Cloud storage
• Cryptocurrency wallets and exchange accounts
• Online banking access
• Subscription services

Create a separate document with access instructions and reference it in your will.

Summary

Writing a will in Poland is straightforward:

• Handwritten, signed, dated -- that's the minimum for a valid holographic will
• Notarial form is safer and harder to contest
• Know your assets before you start
• Be specific -- who gets what, in what proportions
• Store safely and tell someone
• Update regularly after life changes
• Remember zachowek -- forced heirship may affect your plans

It takes 30 minutes to write a will. It can save your loved ones months of stress, legal fees, and family conflict. Don't wait.