Polish and British Wills: Protecting Property Located in Poland

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

You own a flat or a house in Poland, but your life is now centred in the UK — or you have moved back to Poland and still hold assets in the UK. The question "will my English will actually work for the property in Poland" comes up in almost every family in this situation. There is no one-line answer: the form of a will made in the UK will usually be recognised in Poland, but the content of the plan — especially if it means leaving a close relative out — can run into an institution English law does not have in the same form: zachowek, the statutory reserved share.

Key points

• The form of an English will is generally recognised in Poland thanks to the 1961 Hague Convention on the form of testamentary dispositions — both Poland and the UK are parties to it.
• Which substantive law governs your succession is a separate question from the form of the will. As a rule, the law of the state where you had your habitual residence at death applies — but you can choose the law of your own nationality in your will (Articles 21 and 22 of EU Regulation 650/2012).
• Zachowek is unknown to English law and is a common trap for estate plans drafted "the English way" — children, a spouse and, in some situations, parents have a monetary claim even if the will leaves them out.
• The UK does not apply Regulation 650/2012 directly (like Ireland and Denmark, it opted out) — but that does not stop a Polish court or notary from applying English law where it is the chosen law or the law of habitual residence.
• Two separate wills (a Polish one for Polish assets, an English one for UK assets) are a common practical solution, but need careful drafting so they do not unintentionally revoke each other.
• Acquiring property in Poland by a foreign national through a will requires a permit from the Ministry of Interior and Administration (MSWiA), applied for within 2 years of the opening of the succession — a different regime from statutory (intestate) inheritance, which is fully exempt from the permit requirement.

Who this guide is for

• Polish citizens living in the UK who own, or plan to acquire, property in Poland and are wondering whether they need a Polish will.
• British citizens (including those covered by the Withdrawal Agreement) who have relocated to Poland or bought property there and already have a will made in England, Wales, Scotland or Northern Ireland.
• Polish-British couples planning a joint property purchase in Poland and thinking about protecting a partner in the event of death.
• People with children from previous relationships, for whom the reserved-share question matters most.
• This guide is NOT for you if you are looking for a ready-made will template to fill in yourself, or a precise valuation of inheritance tax in your specific case — both require individual advice from a lawyer and, on tax, an adviser in both countries.

Contents

• Two different questions: form and content
• Does an English will "work" for property in Poland
• Which law governs your succession — Regulation 650/2012
• Zachowek — the trap for an English-style plan
• When two wills are needed
• Forms of will available under Polish law
• MSWiA permit on testamentary inheritance by a foreign national
• Documents you will need
• Common risks and mistakes
• Checklist
• Frequently asked questions
• Deadlines
• Sources

Two different questions: form and content

Before going further, it is worth separating two issues that get mixed up in most conversations about "a will for property in Poland":

1. Is the document valid as a will at all — a question of form. This is answered by the 1961 Hague Convention.
2. Whose law decides what the will can actually do — e.g. whether an adult child can be left out, or whether they keep a claim to a reserved share — a question of the law applicable to the substance of the succession. This is answered by EU Regulation 650/2012 (for matters decided by a Polish court or notary) or by English private international law (for matters decided on the British side).

A will can therefore be formally valid while its content — say, entirely excluding an adult child — may not "settle the matter" in Poland, because the excluded person keeps a zachowek claim if Polish law turns out to be the law applicable to the succession.

Does an English will "work" for property in Poland

Short answer: as to form, most likely yes, thanks to the Hague Convention of 5 October 1961 on the form of testamentary dispositions. Both Poland (which acceded in 1969) and the UK (which ratified in 1963) are parties to it.

The convention does not assess content — only form. A will made in accordance with the law of the place where it was made, the testator's nationality, or the testator's place of residence (at the time of making the will or at death) will generally be formally recognised in the other country. This means an English will made in the form English law requires (e.g. signed before two witnesses) will generally be treated by a Polish notary or court as formally valid.

The problem lies elsewhere: whether the content of that will can be fully carried out against property in Poland, if Polish law turns out to be the law applicable to the succession (see below) — and Polish law includes zachowek, an institution English inheritance law does not provide for in the same form.

Which law governs your succession — Regulation 650/2012

For succession matters decided by a Polish court or notary (for instance because property is located in Poland), the key instrument is EU Regulation No. 650/2012:

• General rule: the law applicable to the succession as a whole is the law of the state where the deceased had their habitual residence at the time of death (Article 21). For a British citizen who permanently relocated to Poland, this will usually be Polish law — even though the property is, in a sense, "British in origin" through the owner.
• Exception: if it is clear from all the circumstances that the deceased was manifestly more closely connected with another state, the law of that state applies.
• Choice of law (professio iuris): in the will itself, a person may choose the law of their own nationality as the law governing the succession as a whole — the nationality held at the time of the choice or at death (Article 22). A British citizen living in Poland can therefore consciously choose English law to govern their entire succession, including property in Poland.
• Jurisdiction: courts of the state of the deceased's last habitual residence generally have jurisdiction (Article 4), but the regulation also provides for subsidiary jurisdiction (Article 10) — a Polish court may have jurisdiction if assets (e.g. property) are located in Poland, even where the deceased's habitual residence was outside the EU (e.g. in the UK).
• The UK does not participate in Regulation 650/2012 (like Ireland and Denmark, which also opted out). This means UK courts and authorities do not apply it directly. It does not, however, rule out a Polish court or notary applying English law — the regulation has universal application (erga omnes) and can point to the law of a third state as applicable, where that is the deceased's law of habitual residence or the chosen law.

What does this mean in practice for property in Poland? If a Polish citizen moved to the UK and their centre of life is there at death, their succession (including a flat in Poland) will generally be governed by English law — unless their will chooses Polish law. If a British citizen relocated permanently to Poland, Polish law will generally apply — unless their will chooses English law. A conscious choice of law in the will is therefore a real planning tool, but it must be clearly stated and must comply with formal requirements.

Zachowek — the trap for an English-style plan

English law gives a testator very wide freedom — in principle you can leave out almost anyone, including children (though close relatives may pursue claims in the UK on a different basis, e.g. under the Inheritance (Provision for Family and Dependants) Act, which is a separate matter under English law and is not covered here). Polish law works differently.

Zachowek (the reserved share) is available to descendants (children, grandchildren), the spouse, and the parents of the deceased who would have been called to inherit under intestacy rules had there been no will. The amount is:

• two-thirds of the value of the intestate share that would have been due — for descendants who are permanently incapable of work or are minors,
• one-half of the value of that share — in other cases.

This is a monetary claim against the heir (or the person gifted assets), not a right to a share in the property itself — but if the estate consists mainly of a property, the heir may be forced to sell it or take out a loan against it to satisfy the reserved-share claim.

Why is this a trap for an "English-style" plan? If a British citizen makes a will in England excluding, say, an adult child from a first marriage — entirely possible under English law — and the law applicable to the succession (because that follows from habitual residence or a choice of law) turns out to be Polish law, the excluded child retains a zachowek claim against the assets governed by that law, including property in Poland. A plan that "would have worked" in the UK creates a dispute in Poland.

Disinheritance (wydziedziczenie, which removes the reserved-share right too, not just intestate succession) is possible under Polish law only for one of three statutory reasons: persistently acting against the testator's will in gross breach of the principles of social coexistence, committing a serious offence against the testator or close family, or persistently failing to fulfil family obligations. The reason must appear in the will itself, and forgiveness by the testator rules out disinheritance. Simply "wanting to exclude this child" without one of these reasons does not remove the reserved-share right.

When two wills are needed

Many families with assets in two countries opt for two separate wills — one covering assets in Poland (drafted under Polish law, ideally with a Polish notary), the other covering assets in the UK (drafted under English law). This can be a practical solution because it:

• makes probate easier to handle in each country separately (the local court or notary works with a document in a familiar law and language),
• allows a more precise division of assets by location,
• can shorten the time needed to have a foreign document or decision recognised.

What to watch for with two wills:

• Any later will can — depending on its content and the law governing it — revoke the earlier one wholly or in part. Wills need to be drafted so it is clear each covers only the assets in a given country and does not revoke the other document.
• A will covering assets in Poland should factor in zachowek — even where the intention is to pass the property to a single person, it is worth discussing with a lawyer how to reduce the risk of a dispute (e.g. accounting for lifetime gifts, communication with the family).
• A choice of law (professio iuris) in one will may affect what law governs the whole succession, not just the assets in one country — Regulation 650/2012 refers to a choice of law for "the succession as a whole". This needs careful coordination between two wills and lawyers on both sides.

Forms of will available under Polish law

If you decide on a separate will covering assets in Poland, Polish law provides several forms of ordinary will:

• Holographic (handwritten) will — must be written entirely in the testator's own handwriting, signed and dated. A missing date does not always invalidate the will, provided it does not raise doubt about the testator's capacity, the will's content, or the relationship between several wills — but with cross-border assets it is best to avoid that risk.
• Notarial will (testament notarialny) — made in the form of a notarial deed (akt notarialny; broadly comparable to a UK deed executed before a solicitor, though the Polish notariusz is a distinct legal profession, not a notary public), giving the highest degree of legal certainty as to authenticity and the testator's capacity. This is usually the recommended form where a property in Poland is involved, since the notary verifies legal capacity at the outset and drafts the content in line with the statutory requirements.
• Allographic will — the testator orally declares their last will in the presence of two witnesses before a mayor (wójt), county head (starosta), regional governor (marszałek województwa), county/municipal secretary, or the head of the civil registry office; the declaration is recorded in writing with a date (not available to deaf or mute persons).

MSWiA permit on testamentary inheritance by a foreign national

This is a step Polish-British families planning a will often overlook: how the property is acquired matters for the permit requirement from the Ministry of Interior and Administration (MSWiA).

• Statutory (intestate) inheritance (i.e. without a will, under the statutory order of succession) of property by a foreign national is fully exempt from the requirement to obtain a permit from the minister competent for internal affairs.
• Testamentary inheritance (and inheritance by a specific legacy transferring ownership directly, zapis windykacyjny) by a foreign national requires an MSWiA permit, applied for within 2 years of the opening of the succession (for a specific legacy — within 2 years of the foreign national learning that the property has entered the estate). If this deadline is missed, ownership of the property passes to the statutory heirs — meaning the testamentary plan can, in effect, fail to achieve its intended result for the property, even though the will itself remains valid.

This is a practical point worth building into any plan: if the goal is for a specific person (e.g. a British citizen outside the circle of statutory heirs, such as an unmarried partner) to inherit property in Poland under a will, you need to plan in advance who will apply for the MSWiA permit, and when, after the succession opens — missing the two-year deadline changes the outcome for the whole matter.

It is also worth remembering that an unmarried partner (konkubent) does not inherit under intestacy at all — the circle of statutory heirs is limited to the spouse, descendants, parents, siblings, grandparents and, ultimately, the local authority (gmina) or the State Treasury. The only route for a partner to inherit property in Poland is through a will or a specific legacy — which makes a properly drafted document, and monitoring the MSWiA deadline, even more important. For the general rules on foreign nationals acquiring property and the exemptions from the permit requirement, see our guide on buying property as a Polish-British couple and the available ownership options.

Documents you will need

When planning a will covering property in Poland, it helps to have ready:

• an extract from the land and mortgage register (księga wieczysta — broadly comparable to an HM Land Registry title register) for the property, showing the KW number and ownership (Section II),
• proof of nationality (relevant to any decision on choosing the applicable law),
• details of all potential statutory heirs (children, spouse, parents) — needed to assess the reserved-share risk,
• any existing will made in the UK (to check the new Polish will does not unintentionally revoke it),
• if planning a "two wills" approach — contact details for the lawyer in the UK who drafted the English will.

Common risks and mistakes

1. Assuming an English will fully "handles" property in Poland. Its form may be recognised, but its content (e.g. excluding a child) can clash with zachowek if Polish law turns out to govern the succession.
2. Not making a conscious choice of law in the will. Without an explicit choice of the law of nationality (Article 22, Regulation 650/2012), the law of the last habitual residence applies by default — which can be a surprise if someone thought they were living in Poland "temporarily", but it in fact became their centre of life.
3. Drafting two wills without coordinating between lawyers in both countries — risking that the newer will unintentionally revokes the older one in full.
4. Missing the 2-year deadline for the MSWiA permit on testamentary inheritance. Even a valid will does not translate into ownership of the property if no one applies for the permit in time.
5. Relying only on verbal promises to protect an unmarried partner. Without a will or a specific legacy, an unmarried partner does not inherit property in Poland at all.
6. Ignoring the reserved share when planning how to compensate family members. An heir who must satisfy reserved-share claims out of illiquid assets (e.g. a single property) can be forced to sell it under time pressure.

Checklist

• [ ] I have established my nationality and where my actual "centre of life" (habitual residence) is — this determines the default succession law.
• [ ] I have discussed with a lawyer whether a choice of law (professio iuris) in my will would be worthwhile.
• [ ] I have identified everyone who could have a reserved-share claim (children, spouse, parents) and assessed the risk.
• [ ] I have considered whether I need one will or two separate wills (PL + UK) — and discussed this with lawyers in both countries.
• [ ] I have checked the form of my existing English will for recognition in Poland.
• [ ] If I want to protect an unmarried partner, I have a will or a specific legacy in place, not just a verbal understanding.
• [ ] I have planned who will apply for the MSWiA permit, and by when, if property is to pass to a foreign national under a will.
• [ ] I have had the content of the will reviewed by a Polish notary or lawyer before signing.

Frequently asked questions

Will a will I made with a British solicitor be valid in Poland? As to form — most likely yes, thanks to the 1961 Hague Convention on the form of testamentary dispositions, to which Poland and the UK are both parties. Formal validity does not automatically mean the entire content of the will works without limits against property in Poland — that depends on which law governs the substance of the succession and whether zachowek comes into play.

How is zachowek different from what I know from English law? English law generally allows testators to leave close relatives out (though they may pursue claims in the UK on a separate basis). Polish law gives descendants, the spouse and parents a monetary claim — zachowek — regardless of the will's content, unless valid disinheritance has taken place for one of three statutory reasons. This is a fundamental structural difference to factor into planning for any estate that includes property in Poland.

Can I choose English law to govern my succession even though I live in Poland? EU Regulation 650/2012 allows you to choose, in your will, the law of the state whose nationality you hold — at the time of the choice or at death — as the law applicable to the succession as a whole. A British citizen living in Poland can therefore choose English law for their entire succession, but this needs to be worded precisely in the will and discussed with a lawyer, since it applies to "the succession as a whole", not only the property.

Do I need two wills if I have assets in both Poland and the UK? Not necessarily, but it is a common and practical approach — it makes probate easier to handle in each country separately. It does require careful drafting of both documents so they do not unintentionally revoke each other, and coordination with lawyers on both sides.

What happens if my will leaves property in Poland to someone outside the circle of statutory heirs and they miss the MSWiA permit deadline? If the foreign national who is to inherit property under a will does not apply for a permit from the minister competent for internal affairs within 2 years of the opening of the succession, ownership of the property passes to the statutory heirs. This can completely change the practical effect of the will on the property itself, even though the will remains valid as a document.

Does buying property in Poland give my UK partner a right of residence? No. Buying property in Poland (regardless of type) does not by itself give any right of residence in Poland or the EU — that is governed by separate rules on foreign nationals.

Can an unmarried partner inherit my property in Poland at all? Only through a will or a specific legacy transferring ownership directly (zapis windykacyjny). Statutory (intestate) succession covers only the spouse, descendants, parents, siblings, grandparents and, ultimately, the local authority or the State Treasury — an unmarried partner is outside that circle.

Deadlines

• 2 years from the opening of the succession — the deadline to apply for an MSWiA permit where a foreign national acquires property in Poland through a will (for a specific legacy — 2 years from when the foreign national learned the property had entered the estate). After that, ownership passes to the statutory heirs.
• The zachowek claim is subject to separate limitation periods under the Polish Civil Code — the exact calculation depends on the circumstances of the case (e.g. whether the will has been formally opened and read) and requires individual legal advice.
• Deadlines relating to UK Inheritance Tax and the "long-term UK resident" status follow separate rules under UK law and are not covered in detail here.

If your situation involves property in Poland together with assets or heirs in the UK, Twoja Sprawa can help you organise the documents (title register extract, heirs' details, existing wills) ahead of a meeting with a lawyer — you can request a free initial assessment.

Related guides

• Inheriting Property in Poland as a British Citizen
• Buying Property as a Polish-British Couple: Ownership Options
• Marriage, Divorce and Ownership of Property in Poland

Przeczytaj po polsku: Testament polski i brytyjski – jak zabezpieczyć nieruchomość położoną w Polsce

Sources

• Polish Civil Code (Kodeks cywilny), consolidated text Journal of Laws (Dz.U.) 2026 item 478, Articles 949-951, 991, 1008-1010, 931-935 — Chancellery of the Sejm / ISAP — https://isap.sejm.gov.pl/isap.nsf/DocDetails.xsp?id=wdu19640160093
• Regulation (EU) No 650/2012 of the European Parliament and of the Council, Articles 4, 10, 21, 22 — European Union / EUR-Lex — https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32012R0650
• Hague Convention of 5 October 1961 on the form of testamentary dispositions, Dz.U. 1969 No. 34 item 284 — Chancellery of the Sejm / ISAP — https://isap.sejm.gov.pl/isap.nsf/DocDetails.xsp?id=WDU19690340284
• Summary of EU law — jurisdiction and applicable law in matters of succession — European Union / EUR-Lex — https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=LEGISSUM:jl0070
• Act of 24 March 1920 on the acquisition of real estate by foreign nationals, consolidated text Dz.U. 2017 item 2278, Article 7 — Chancellery of the Sejm / ISAP — https://isap.sejm.gov.pl/isap.nsf/DocDetails.xsp?id=WDU20170002278
• Inheritance Tax if you're a long-term UK resident — GOV.UK / HM Revenue & Customs — https://www.gov.uk/guidance/inheritance-tax-if-youre-a-long-term-uk-resident
• Obtaining a permit for the acquisition of real estate, shares or stakes by foreign nationals — Ministry of Interior and Administration (MSWiA) — https://www.gov.pl/web/mswia/uzyskaj-zezwolenie-na-nabycie-nieruchomosci-akcji-udzialow-przez-cudzoziemcow

Information verified on: 11 July 2026.