Notarial vs Handwritten Wills in Poland: Which Should You Choose?

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.

Writing a will is an important decision, but the form it takes matters just as much. A handwritten will can be drawn up right now, at home, for free — but it carries a real risk of formal errors. A notarial will requires a visit to a notariusz (a civil-law notary, ≠ a UK notary public) and a fee, but it is practically impossible to challenge. This article explains when to use a notary and when a handwritten will is enough.

Handwritten wills — cheap, private, but risky

A handwritten will (sometimes called a "holographic" will — testament holograficzny — though that term is rarely used in Poland) is a document written entirely in your own hand, signed and dated. No notary, no witnesses — just you, paper and a pen.

Advantages of a handwritten will

• Cost: Cheap (paper, a pen) or free
• Privacy: No one else needs to know what's in your will
• Speed: Can be drawn up immediately, with no appointment needed
• Simplicity: No bureaucratic procedure

Disadvantages of a handwritten will

• Risk of invalidity: A formal error (missing signature, an imprecise date, a typed rather than handwritten section) can render the whole will void
• Hard to find: After your death, your heirs may simply fail to find it — it could be sitting in a drawer, with no one knowing where to look
• Easy to challenge: A prospective heir can dispute the authenticity of the signature, argue you lacked capacity, or allege duress — any of which triggers court proceedings
• No protection: There is no record anywhere that the will exists; no notarial office knows about it; after death, the court has to "discover" it

Notarial wills — more expensive, but strong protection

A notarial will is a notarial deed (akt notarialny), drawn up at a notary's office based on the testator's spoken wishes. The notary records the will, keeps it in their archive, and registers it in the Notarial Wills Register (NORT — Notarialny Rejestr Testamentów).

Advantages of a notarial will

• Evidential weight: A notarial will is almost impossible to challenge — the notary certifies your identity, capacity and state of mind at the time
• The NORT register: Your will is automatically entered into the national register; after your death, the court knows the will exists and can locate it
• Protection against tampering: Because it's held by the notary, it's protected against loss, destruction, concealment or forgery
• A formal record: The notary produces a record covering the testator's mental state, the circumstances, and questions put to the testator — this shields the will against later claims that you lacked capacity
• Secure storage: A will held in a notarial archive is safeguarded

Disadvantages of a notarial will

• Cost: From a few hundred to several thousand PLN (depending on the value of the estate and how complex the will is)
• Process: Requires booking an appointment and a visit to the notary — it takes time
• Reduced privacy: The notary knows the contents of your will (though bound by a duty of confidentiality)
• Capacity requirement: The notary must be satisfied you're fully capable of making decisions — if there's any doubt about your mental state, this can become an issue

NORT — the Notarial Wills Register — how it works

NORT is a national database of notarial wills. Every notarial will is automatically entered into the register, and each entry records:

• The testator's full name
• The testator's PESEL (Polish national identification number)
• The date the will was made
• The notary who drew it up

After the testator dies, the court or the heirs can contact NORT to find out whether the deceased made a notarial will. This means heirs don't have to search the house for a will and won't end up relying on intestacy rules by default.

How to check NORT: - Directly online: NORT — official portal - By phone: contact the regional chamber of notaries (izba notarialna) - After death: the court has access to NORT and automatically checks whether the deceased made a notarial will

Important: a handwritten will does not appear in NORT — it only exists wherever you keep it.

Wills made before a public official — a third option

Between a handwritten will and a notarial will there is a third form: a will made before a public official (testament allograficzny), made before a mayor, town mayor or district governor (wójt, burmistrz or starosta — Article 951 of the Polish Civil Code) in the presence of two witnesses. This form is less well known and rarely used, but it can be an option for people who:

• Cannot travel to a notary (due to illness or disability)
• Want something more reliable than a handwritten will, without notarial fees

A will made before a public official carries intermediate risk — more formal than a handwritten will, but it is still not automatically entered into NORT.

How much does a notarial will cost in Poland?

The cost depends on:

• The value of the estate — the larger the estate, the higher the fee
• How complex the will is — a simple will (everything to one person) will cost less than a will involving legacies, trustees or conditions
• The region — fees can vary between different chambers of notaries

As a rough guide: - A simple will: PLN 200–400 - A moderately complex will: PLN 400–800 - A complex will (legacies, conditions, a substantial estate): PLN 800–2,000+

The fee is often negotiable — every notary sets their own rates.

Can I make a Polish notarial will from the UK without travelling to Poland?

Yes, but with limitations.

If you live in the UK and want a notarial will covering assets in Poland, you generally have three options:

1. Option 1: Visit during a trip home — Travel to Poland, book an appointment with a notary, and make the will there. The notary verifies your identity and mental capacity in person.

2. Option 2: A UK notary public — ⚠ Some UK notaries public may be able to assist with a will intended to take effect under Polish law, but this requires liaising with a Polish chamber of notaries. This route can be complicated and its outcome uncertain.

3. Option 3: A representative — You can grant a specific power of attorney (a power of attorney for making a will) to a Polish advocate (adwokat) or legal counsel (radca prawny), who then represents your wishes before a notary in Poland. ⚠ This requires your representative to understand precisely what you want, and requires Polish law to permit this kind of representation — and, as a rule, Article 950 of the Civil Code requires the testator's personal presence, so this option is limited.

Recommendation: If you live in the UK and want a notarial will, the simplest route is usually a short trip to Poland. If that's not possible, consider either a carefully drafted handwritten will (meeting every formal requirement) or a will made before a UK notary public that is later confirmed by a Polish notary.

Which will should you choose?

General recommendation:

• If your estate is straightforward (a flat, a savings account), there's no family conflict, and you can travel to Poland — choose a notarial will. The cost is reasonable and the protection is maximised.
• If your estate is modest, you want a will now, and you can't travel to Poland — write a handwritten will, but pay very close attention to the formal requirements in Article 949 of the Civil Code.
• If your family is prone to conflict and you expect disputes after your death — go notarial, without question. The notary records your mental state and the circumstances at the time, which reduces the risk of a claim that the will is invalid.

Frequently asked questions

How much does a notarial will cost in Poland? Roughly PLN 200–2,000, depending on the value of the estate and how complex the will is. Rates vary between notaries, so it's worth asking for a price when you book.

Can a UK notary public make a will under Polish law? This is complicated. A UK notary public may be involved as a witness to the process, but actually making a will that is valid under Polish law usually requires working with a Polish notary. It's best to contact a Polish notary directly and ask what's possible in your situation.

Who can access NORT? After the testator's death, the court, the heirs and other persons entitled by law can access it. During the testator's lifetime, only the testator themselves — and anyone they've specifically authorised — can access it. NORT is subject to data protection safeguards.

Can I change a notarial will? Yes. You can revoke it (via a formal notarial declaration of revocation) or make a new one — a later will overrides an earlier one. You can also amend it by way of a codicil.

What happens if I don't make a will? Your estate passes under Poland's intestacy rules — under Article 931 of the Civil Code, your spouse and children inherit in equal shares, followed by your parents and so on. This may not reflect what you actually want.