Revoking a Polish Will: Your Three Legal Options Explained

This guide is general legal information, not legal advice. How the rules apply depends on your individual circumstances, and the matter should be assessed by a qualified Polish lawyer. Twoja Sprawa helps you organise the documents for that assessment.

Life changes — today you want your estate to go to one child, and by next year the situation has moved on. A will is not set in stone: you can amend it, or revoke it altogether. This article explains the three ways to revoke a Polish will and what to do if you change your mind.

Three ways to revoke a will (Article 946 KC)

Polish law gives you three routes to revoke a will:

1. Destroying the will (physical destruction)

The simplest method — if you have a handwritten (holographic) will, you can destroy it. But be careful: the destruction must be:

• Deliberate and complete — burning it, shredding it, throwing it in the fire, or crossing out the text so thoroughly it becomes illegible
• Done now, in front of witnesses — the more witnesses, the better; they can later confirm that you destroyed the will of your own free will

⚠ If the will is held by a notariusz (a civil-law notary, ≠ a UK notary public — a legally trained officer who drafts and certifies legal documents in Poland), you cannot destroy it without their involvement. The notary would have to withdraw it from the archive — this has to be arranged with them directly.

The catch: destruction only works if you hold the sole copy. If someone else made a copy, or the notary holds one, destruction alone may not be enough. A court may find that the will still legally exists, merely mislaid.

2. Drafting a new will

This is the most commonly used method of revocation. When you write a new will:

• The new document takes precedence — a new will automatically supersedes the old one from the day it is made
• You don't need to reference the old one — there's no need to quote it; a new will with a fresh date and signature is enough
• The earlier version loses effect — once a court or notary establishes that a later will exists, the earlier one no longer applies

If you wrote will No. 1 in 2020 and will No. 2 in 2026, will No. 2 governs. Will No. 1 is void.

In practice: this is the safest method. When you draft a new will, you can always deposit it with a notary, removing any doubt about which will is in force.

3. Notarial declaration of revocation (Article 946 § 2 KC)

You can also go to a notary and make a written declaration revoking the will, without drafting a new document.

Procedure: 1. Book an appointment with a notary 2. Make the declaration: "I hereby revoke my will dated [date], made at [place]" 3. The notary records this in a notarial deed (an authenticated legal document drawn up and certified by a Polish civil-law notary) 4. The notarial will is annulled (if it was notarial) or formally confirmed as revoked (if it was handwritten)

Cost: typically a few tens to a few hundred PLN.

Advantage: if the notarial will is held by the notary and you want to revoke it without drafting a new one, this is a clean, efficient option.

What happens if I have several wills? Which one applies?

If you wrote wills one after another:

• Will 1 — 1 January 2020
• Will 2 — 15 June 2022
• Will 3 — 30 December 2026

The last one governs — will 3 from 2026. The other two lose effect. If you want will 3 to apply in full, that's straightforward. But if will 3 only changes part of what will 1 said, and doesn't mention will 2 at all — things can get confusing.

⚠ A weaker approach: if will 1 says "everything to Anna", will 2 says "5,000 PLN to Piotr" (without mentioning Anna), and will 3 is silent on both — a court will have to decide whether will 3 revokes the earlier wills entirely, or only amends certain provisions. It's far better to state clearly in every new will exactly what you intend to change.

Revoking a Polish will from the UK

If you live in the United Kingdom and want to revoke your Polish will:

Option 1: Handwritten (holographic) will

1. You can revoke it by drafting a new will — also handwritten, and you can do this from the UK
2. Date the new document (the date matters — it must be later than the old will)
3. Sign it and store it somewhere safe

Option 2: Notarial will

1. If the will is held by a Polish notary, you need to contact them
2. You can: - Send a power of attorney to a lawyer in Poland to make the revocation declaration on your behalf - Travel to Poland and make the declaration to the notary in person - Draft a new notarial will with a Polish notary (through an attorney or in person)

Option 3: Notarial declaration of revocation

1. Contact the notary in Poland who drew up your will
2. Inform them that you want to revoke it
3. This can be done through an attorney (a power of attorney sent from the UK)
4. The notary records the revocation in a notarial deed

Will held by a notary — how to revoke it

If you deposited your will with a notary for safekeeping:

1. Directly with the notary — book an appointment, tell them you want to revoke the will, and sign a declaration
2. Through an attorney — if you live abroad, a lawyer can make the revocation declaration on your behalf
3. By recorded post — you can write to the notary informing them of the revocation (but this is less secure — in-person or via an attorney is better)

Once revoked, the notary removes the will from the NORT (Notarial Register of Wills — the central Polish register recording where notarial wills are held), and after your death the court will know that this particular will no longer applies.

Changing part of a will — an amendment or a whole new document

If you only want to change one clause (for example, switching the heir from Anna to Jan), you have two options:

Amendment to a notarial will

If you have a notarial will, you can arrange an amendment (aneks) with the same notary — a document that changes specific provisions. An amendment is cheaper and quicker than a new will.

Procedure: 1. Book an appointment with the notary 2. Specify exactly which parts you want to change 3. The notary draws up the amendment (attached to the will) 4. The amendment is filed with NORT as part of the will

A new will (the safer route)

If you're at all unsure, write a new will. This is always the safer option — it avoids any confusion about which provisions actually apply.

In the new will, state clearly: - "I revoke my will dated [date of old will]" - "This is my last will and testament:" — and set everything out again from scratch

Frequently Asked Questions

Can I revoke a will over the phone? No. Revocation of a will must be in writing (or carried out through physical destruction of the will). A phone call or a verbal statement is not enough.

What if two copies of a will are found after my death — which one applies? If both are signed and dated, the later-dated one governs. If the dates are identical, there will be confusion — a court will have to determine which is the authentic, final expression of your wishes. That's why you should always date your will clearly and keep only one version active at a time.

How much does revoking a notarial will cost? A few tens to a few hundred PLN for a revocation declaration. If you draft a new notarial will, it will typically be cheaper than the first one (since the notary is already familiar with your situation).

Can I amend a will just by adding a page to it? No. You cannot add new provisions to a handwritten will — you would need to rewrite it entirely or arrange a formal amendment with a notary. A will is treated as a single, complete document.

What if I have a will from 2010 and want to change it? Write a new will dated 2026. The old one is automatically superseded. If the 2010 will is held by a notary, arrange an appointment and let them know you're drafting a new will — the notary will remove the old one from NORT.