Is a Foreign Will Valid in Poland? UK Wills After Brexit

You live in the UK but hold assets in Poland — so which law should your will follow? Will an English will be valid for your Polish estate? Since Brexit, the picture is more complicated than it used to be. This guide explains which law applies, when a UK will is recognised in Poland, and what to do if you own property in both countries.

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.

The basic rule: a will must meet the formal requirements of the country where it was made OR of your home country

Poland and many other countries are bound by an international treaty — the 1961 Hague Convention on the Conflicts of Laws Relating to the Form of Testamentary Dispositions. Under the Convention, a will is valid if it satisfies the formal requirements of any one of the following:

1. The law of the place where the will was made — a will drawn up in the UK under English law will be formally valid
2. The law of the testator's nationality — as a Polish citizen, your will may be valid if it meets Polish requirements (Article 949 of the Polish Civil Code)
3. The law of the testator's habitual residence — if you live in the UK, your will may be valid under UK law
4. The law of the place where any real estate is located — for a will dealing with property in a given country, that country's law may govern

⚠️ Important: The 1961 Hague Convention still binds Poland, and the UK remains a signatory even after Brexit — but Brexit has changed enough around inheritance that this point is worth double-checking. We recommend confirming current status with a qualified adviser.

EU Regulation 650/2012 — no longer applies to the UK

⚠️ KEY POINT: Until 31 December 2020, the UK was bound by EU Regulation No 650/2012 (the EU Succession Regulation). It allowed testators to choose the applicable law and simplified procedures for families with assets across several EU states.

Since Brexit (1 January 2021), the UK is no longer an EU member state and EU Regulation 650/2012 no longer applies to it.

In practice, this means:

• A will made in the UK after 1 January 2021 is not governed by EU 650/2012
• It falls instead under the 1961 Hague Convention and the relevant national laws (Polish and English)
• Procedures are more complex, because there is no longer an EU-wide framework covering the UK

An English "will" — is it valid for Polish assets?

If you make an English will under UK law (with the standard requirements: signature, two witnesses, testamentary capacity):

• ✅ It will be formally valid — it satisfies both the Hague Convention and English law requirements
• ✅ It will be recognised in Poland — a Polish court will accept that the will is formally valid
• ⚠️ BUT interpretation can be an issue — when it comes to distributing Polish assets, a Polish court still has to work out which law governs the succession itself (Polish or English)

Which law governs the distribution of the estate? (lex successionis)

This is the key question for anyone with assets in both countries.

The general rule: the law of the testator's habitual residence

Under Article 23 et seq. of EU Regulation 650/2012 (for people who have not made an explicit choice of law in their will), succession is governed by the law of the country where the testator had their habitual residence at the time of death.

Since Brexit, the position is somewhat less clear-cut: - ⚠️ If you lived in the UK and die there, English law may end up governing the succession - If you live in Poland and die there, Polish law will govern

What this means in practice: - If you live in the UK and own assets in Poland, some aspects of how your Polish assets are distributed may follow English law — but any Polish real estate will always be subject to Polish property law (the księga wieczysta — land and mortgage register — plus Polish taxes and procedures) - If you live in Poland and own assets in the UK, complications can work the other way round

⚠️ Recommendation: If you hold assets in both countries, take advice from a lawyer in each jurisdiction — Polish and English. Don't rely on a single will covering both countries unless you're confident it will be interpreted correctly in each.

Is the UK still a signatory to the 1961 Hague Convention?

⚠️ This needs verifying against current sources, since the position may have changed since this article was written.

As far as we're aware at the time of writing (June 2026), the UK remains a signatory to the 1961 Hague Convention, but this status is not guaranteed to stay unchanged. Since Brexit, the UK could in principle withdraw from the Convention or amend its obligations.

Bottom line: Before drafting a will intended to cover assets in both Poland and the UK, contact the Polish consulate in the UK or a lawyer specialising in international succession law to confirm the current status.

How a UK will is processed for Polish assets

If someone dies in the UK but owns property in Poland:

1. The English will is held by the relevant probate court in England and Wales, which issues a grant of probate (or letters of administration) confirming the right to administer the estate
2. The document is submitted to a Polish court — accompanied by an apostille (an international certification) and a certified translation
3. The Polish court runs its own proceedings — checking whether the will is also valid under Polish law
4. A ruling is issued — if the court accepts the will as valid, it issues a decision confirming acquisition of the inheritance (or a notarial certificate of inheritance can be obtained instead)

Timeframe: The whole process typically takes 6–12 months.

A Polish notarial will — the safer option

If you hold significant assets in Poland and live in the UK, the safest option is usually a notarial will made in Poland (which you can sign in person or through a power of attorney):

• ✅ A notarial will is automatically registered in NORT — the Polish central register of wills
• ✅ It is formally very hard to challenge
• ✅ Polish courts will already know the will exists
• ✅ There's no risk of two legal systems working against each other

Cost: From a few hundred to a few thousand złoty — more than an English will, but the extra certainty is usually worth it.

Language of the will and sworn translations

If you make a will in English in the UK but want it to apply to your Polish estate:

1. The original English document must be kept safe
2. A certified (sworn) translation into Polish must be prepared by a translator registered with the Polish courts
3. An apostille — the original document needs international certification confirming the authenticity of the signature and any seal

Bottom line: Where possible, a notarial will drafted in Polish in Poland is simpler — it avoids the whole process of certification and translation.

Assets in both countries — how to plan ahead

If you hold significant assets in both the UK and Poland:

1. Take advice from lawyers in both countries before drafting a will
2. Two separate wills can be the better solution: - An English will in the UK (for UK assets) - A notarial will in Poland (for Polish assets)
3. Choice of law — a Polish notarial will can specify a choice of Polish law (EU 650/2012's Article 23 doesn't apply to the UK, but the Hague Convention still allows a choice of law); this can simplify the process considerably
4. Coordination — make sure the two wills don't contradict each other, and that your heirs know both documents exist

Frequently asked questions

Is an English will valid in Poland? Yes, it's formally valid — it satisfies the Hague Convention's requirements. But when it comes to distributing Polish assets, complications can arise over which law actually governs the succession.

Do I need two witnesses, as under English law, for my will to be valid in Poland? No. If your will meets the requirements for an English will (including two witnesses), it will be valid in Poland under the Hague Convention. If you want extra certainty, though, a Polish notarial will is the safer route.

What if I have assets in both countries? Generally the best approach is two wills — one in the UK for UK assets, one notarial will in Poland for Polish assets. This simplifies matters and avoids conflicts between the two legal systems.

Does EU Regulation 650/2012 apply to the UK? No. Since 1 January 2021 the UK has been outside the EU and the Regulation no longer applies to it. The 1961 Hague Convention now governs instead.

How long does it take to process an English will for Polish assets? Usually 6–12 months. Several stages are involved: probate in the UK, an apostille, certified translation, and then succession proceedings in Poland.

Legal basis and sources

• The 1961 Hague Convention on the Conflicts of Laws Relating to the Form of Testamentary Dispositions
• EU Regulation No 650/2012 (applies to people whose last habitual residence was in the EU; the UK is not covered)
• Articles 949–951 of the Polish Civil Code (formal requirements for wills in Poland)
• Consular information: Ministry of Foreign Affairs of the Republic of Poland — Consulate in London (in Polish)