How to Interpret a Testator’s Will from Poland?
How to Interpret a Testator’s Will from Poland?
The purpose of interpreting a will is to clarify the expressions contained in the document whose literal wording is unclear. The imprecision of the testator’s dispositions in the will does not determine its invalidity. However, it necessitates an interpretation to establish the content of the dispositions made, taking into account the rules set out in the provisions of the Polish Civil Code (mainly in Article 948 § 1 and 2 of this Code). This position was confirmed by the Supreme Court in a ruling dated April 29, 2009 (Case No. II CSK 637/08, Lex No. 610215).
Under no circumstances can the interpretation of a will lead to a modification of its content or to the addition of any extra provisions. This applies even if the circumstances surrounding the drafting of the will suggest that the testator’s actual intent was different or that his assumptions and intentions were not fully reflected in the document. The case law correctly holds that it is impermissible to supplement the content of a will through interpretation, even when circumstances indicate that the testator’s real intent was different (as stated by the Court of Appeal in Warsaw in its judgment of October 20, 2000, Case No. I ACa 480/00). It is beyond doubt that only what has been included in the will, even if expressed clumsily or unclearly, may be subject to interpretation.
A Polish will should be interpreted in such a way as to ensure the fullest possible realization of the testator’s will (this is the so-called principle of fulfilling the testator’s intent). However, if the interpretation of the will does not lead to clear results because the document allows for multiple interpretations, the interpretation that maintains the testator’s dispositions in force and gives them a reasonable meaning should be adopted (this is the so-called principle of favorable interpretation of the will) – Supreme Court ruling of April 29, 2009, Case No. IV CSK 524/09.
Therefore, among possible interpretations of a will, the one that provides a reasonable, logical, and coherent meaning to the testator’s dispositions should be chosen, ensuring a solution that most closely reflects the presumed will of the Polish testator.
The principle of respecting the testator’s will aims not only to maintain the testator’s dispositions in effect but, above all, to ensure that their content aligns with the deceased’s actual intent. Many circumstances can provide insight into the true will of the deceased, such as the circumstances of the will’s drafting, the deceased’s relationships with family and other individuals, and the motives that guided their dispositions. Therefore, when interpreting a will, all relevant circumstances that may help determine the deceased’s intent should be taken into account.
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Inheritance in Poland
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