How to Write a Valid Will in Poland: Formal Requirements and Common Mistakes

Legal notice: 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.

A will is your last word on how your estate should be divided — but for it to actually count, it has to meet the formal requirements set out in the Polish Civil Code (Kodeks cywilny). A will drafted without knowledge of these requirements can turn out to be worthless: your heirs would then inherit under the statutory rules instead, and your actual wishes might never be carried out. This article explains how to write a valid will under Polish law and the most common mistakes that make one invalid.

Three types of will — different requirements, different risks

Polish succession law recognises several forms of will, each with its own risk profile and procedure. Before you start writing, it's worth knowing which one to choose.

The holographic (handwritten) will — Article 949 of the Civil Code

This is the cheapest and most accessible form — no witnesses and no notary required. It's also the riskiest, if any of the points below apply to you.

Non-negotiable requirements:

1. The entire document must be handwritten — every word, from start to finish, in your own hand. If even one word is typed, printed, or added by someone else, the will is invalid.
2. A full, identifiable date — the will must state the day, month and year it was made. The date matters: it settles which of several wills takes precedence, and it's what a court uses to check whether the testator was of sound mind and capable of expressing their wishes at the time of writing.
3. The testator's signature — signed with a full name or a customary signature. The signature must be genuine, recognisable handwriting belonging to the person making the will.

In practice: you cannot type a will on a computer, print it, or fill in gaps in block capitals or a different pen — everything must be in the same hand, with the same pen, in one sitting. If the will runs to several pages, each page needs to be signed.

The notarial will — Article 950 of the Civil Code

A notarial will is a notarial deed (akt notarialny — a formal document drawn up and certified by a Polish civil-law notary, notariusz, which is a different role from a UK notary public). To make one, you go to a notary, state your wishes orally, and the notary records the deed and keeps it in their archive. It costs more (several hundred złoty) but is practically impossible to challenge on grounds of form or authenticity.

Advantages: a notarial will is automatically registered in the Notarialny Rejestr Testamentów (NORT — the Notarial Will Register), so after your death your heirs won't need to search for it — the notarial system will notify the court and the heirs. It's also much harder to challenge, because the notary records the testator's mental state and the circumstances at the time.

Requirement: the person making the will must have legal capacity and be fully aware of what they are doing. If there is any doubt, the notary can ask for a medical opinion.

The allographic will made before an official — Article 951 of the Civil Code

This form is less well known but available to people who, for whatever reason, cannot get to a notary (illness, disability, living far from a notary's office). The will is made in the presence of a local government head — a rural commune head, town mayor or district governor (wójt, burmistrz or starosta) — and 2 witnesses. The formal requirements are less strict than for a holographic will, but more formalised than a notarial one.

The most common mistakes that make a will invalid

Below are the mistakes Polish courts most often cite as grounds for invalidity:

1. A printed or partly printed will

Even if the rest is handwritten, the mere fact that one part is printed makes the whole will invalid. This also applies if you use a template (for example, one downloaded from the internet) and fill in your own details — that counts as a printed form with handwritten additions, not a valid holographic will.

2. Missing or imprecise date

A will without a date is invalid. If you write only "2026" without a month and day, a court will generally treat that as a missing date. A date written in a table, on a form, or somewhere other than in the body of the will can also cause problems — the law requires the date to form part of the actual text of the will.

3. Missing or inauthentic signature

A will without a signature is invalid. A signature added by someone else, even at the testator's request, invalidates the will (except for allographic wills, where some exceptions apply). Initials instead of a full signature can also be problematic — a court needs to be certain the signature genuinely belongs to the testator.

4. A joint will made by two people

Article 943 of the Civil Code expressly prohibits joint wills — a will must be the one-sided declaration of a single person's wishes. If two people draw up a "joint" will (for example, "we, the undersigned spouses, hereby direct that..."), it is entirely invalid.

5. A will written by someone permanently unable to write

If the testator is blind, has a disability, or is otherwise physically unable to write, a holographic will is not an option — it must instead be a notarial or allographic will. A third party cannot write the will on the testator's behalf.

6. A will made without capacity — lack of awareness

If the testator wrote the will while unconscious, under the influence of drugs, during a mental illness, or in a state of senile dementia, the will can be challenged under Article 945 of the Civil Code (defects in the declaration of will). This is difficult to prove but not impossible — expert medical evidence typically becomes central to such a challenge.

7. Co-writing with a spouse or parent

Even if each person writes their own will separately but on the same sheet of paper, this can raise doubts about whether it is in fact a prohibited joint will. It's safer for each person to write on a separate sheet, sign it separately, and date it separately.

Steps to write a valid holographic will

1. Get paper and a pen — don't print a template, don't use a pre-formatted table.
2. Sit down somewhere calm — write the will in your own hand, legibly, without corrections or crossing-out (if you do need to cross something out, initial the correction).
3. Open with a formula such as: "I, [full name], being of sound mind and aware of my own mortality, hereby make this will."
4. State your wishes clearly — who is to inherit, and what property is to pass to them (you can be specific — "the flat at [address]" — or general — "my entire estate"). You can also make specific bequests (particular items to particular people) or name an executor.
5. Write the full date — day, month and year, ideally spelled out or in Arabic numerals (for example, "27 June 2026").
6. Sign it — with your full name.
7. Keep it somewhere safe — at home, in a safe, or with a trusted lawyer. You can also lodge the will for safekeeping with a Polish court (depozyt sądowy — court deposit) for extra security.

Is a will typed on a computer valid?

No. A will printed from a computer, or written on a digital device (tablet, phone) and then printed out, does not meet the requirements of Article 949 of the Civil Code. The law expressly requires it to be handwritten. If you want a notarial will, you can of course prepare a draft on a computer to take to the notary — but the final deed will be drawn up by the notary in the proper form.

What to do if you suspect your will has formal errors

If you made a will some years ago and are now worried it may have formal defects, you have two options:

1. Revoke the old will (Article 946 of the Civil Code) — by destroying it, by a notarial declaration of revocation, or by making a new will.
2. Make a new notarial will — this will be valid and beyond doubt, and it will automatically revoke the earlier one.

Frequently Asked Questions (FAQ)

Is a will typed on a computer valid? No. Under Polish law a will must be written entirely by hand — no computer, no printing, no printed elements of any kind. If you want a notarial will, you can prepare a draft on a computer and take it to the notary.

Can I disinherit my child in my will? You can leave a child out of the will (leave them nothing), but they may still claim a zachowek (a "reserved share" — a statutory cash entitlement for close family members who receive nothing, or too little, under the will). Formal disinheritance with stated reasons is only possible in a notarial will.

What if my will has no date? A will without a date is invalid. The date is a mandatory requirement. If your existing will has no date, you should make a new one.

Does my spouse need to sign my will? No. A will is a one-sided declaration of your own wishes. A signature from a spouse, or anyone else, would actually make it invalid.

Can I write a will in pencil? Technically yes, but it's not good practice. Pencil can smudge, rub off, or become hard to read. It's better to use a pen with black or blue ink.

Legal basis and sources

• Articles 949–951 of the Polish Civil Code (Kodeks cywilny) — forms of will
• Article 943 of the Civil Code — prohibition on joint wills
• Article 945 of the Civil Code — defects in the declaration of will
• Article 946 of the Civil Code — revocation of a will
• Notarial Will Register (NORT) — Polish portal for checking notarial wills
• Polish Supreme Court case law on the invalidity of wills