Contesting a Will in Poland

Contesting a Will in Poland

Updated on Friday 20th May 2016

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Contesting-a-Will-in-Poland.jpgIndividuals in Poland who have been left out of a will or those who are the actual heirs can contest a will in Poland and gain rightful rights to the properties or assets passed on by the deceased.
There are many reasons to contest a will, however, the heirs who are ready to make such a legal claim must prepare a set of documents that will act as evidence in court. Our Polish lawyers can help you make and present your case in court.

Reasons to contest a will in Poland

The legal rights of a person who should have been the successor are not always truthfully represented in the will. This may be an honest mistake of the individual who left his assets behind or it may be intentional. While the will expressly states the final wishes of a person, living relatives may contest its provisions in court.
Common reasons for contesting a will include:
- the will is not valid: it was not drawn up in the presence of a notary,
- an individual was left out of the will,
- the will was unjust,
Polish residents or foreign individuals who are entitled to receive all or part of certain Polish assets may take a case to court even if there is no will available. In this case, the property and assets will be divided according to the priority established by law. This is called statutory inheritance and the family members who are the first to inherit the assets are the spouse and the children of the testator. 

Inheritance law in Poland

For property or assets belonging to a foreign individual who was doing business in Poland, the laws that will apply for inheritance are the laws in the individual’s country or origin. If the deceased has dual nationality, including Polish, then the Polish inheritance law will apply.
Our Polish lawyers can give you more information about the inheritance law as it is stated in the Polish Civil Code and the Civil Procedure Code.
If you need legal counselling regarding inheritance and other family law matters in Poland please contact our Polish lawyers.