A will drawn up under duress?

A will drawn up under duress?

The role of an inheritance lawyer in Poland is sometimes to help verify the validity of the will submitted during the inheritance confirmation process. This is important because the will is crucial to the rules of Polish inheritance.

According to art. 945 of the Polish Civil Code, a will is invalid if it was made:

1) in a state excluding deliberate or free decision and expression of will,

2) under the influence of a threat.

The testator’s declaration is free if:

– the Polish testator is not guided by intellectual motives or

– is not under the overriding influence of anyone’s suggestion and maintains an internal sense of freedom of conduct.

Therefore, if the will was made under duress, it must be considered invalid and the person – who forced the testator to make such a will – may be excluded from the inheritance (on article 928 of the Polish Civil Code).

Our law firm is specialized in inheritance cases and can speed up the case as much as possible thanks to its experience in cooperating with the authorities and working with interpreters and bailiffs. The cost of legal advice in such a case starts at 200 euros.

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Inheritance in Poland