A will – should it be delivered to the court in Poland?

A will – should it be delivered to the court in Poland?

In case of conflict between heirs, a situation may arise when one of them refuses to issue a will after the deceased from Poland. Can such a person be forced by the Polish authorities to issue a will? Are there any penalties for holding a will?

According to the Polish Code of Civil Procedure, a person who has a will is obliged to submit it to the probate court, unless he or she has already submitted it to a notary.

Anyone who unreasonably avoids the above obligation is liable for the resulting damage – the damage may consist in establishing an incorrect circle of heirs.

In order to determine whether a will exists and where it is located, the Polish probate court may request a written statement in this regard from one or all of the heirs. Such a declaration is made under penalty of criminal liability.

Clients ask our lawyers what can be done when the person holding the will still does not submit it to the court. A fine of up to PLN 3,000 can be imposed on a person who constantly avoids submitting a will.

It should be remembered that all wills must be submitted to the:

– Polish notary or

– Polish probate court,

including those that may be:

– invalid or

– annulled,

because the assessment of the validity (effectiveness of the will) is made during the procedure of establishing the inheritance. The probate court is the only one entitled to this assessment, not the heir or the person holding the Polish will.

Our law firm is specialized in inheritance cases and can speed up the process 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.