Is a Foreign Will Valid in Poland?

Is a Foreign Will Valid in Poland?

Is a Foreign Will Valid in Poland?

What Foreigners Should Know Before Starting Inheritance Proceedings in Poland

If you are a foreign citizen with family or property ties in Poland, you may one day face an important question: is a will made abroad valid in Poland?
This issue arises often when foreign nationals inherit property from Polish relatives or when Polish citizens living overseas leave assets behind in Poland.

Understanding how Polish inheritance law treats foreign wills can help you avoid delays, disputes, and unnecessary legal costs.

1. The General Rule – Which Law Applies?

In Poland, inheritance cases are governed primarily by the Polish Civil Code and, for international matters, by EU Regulation No. 650/2012 on cross-border succession.

In most situations, the law applicable to the estate is that of the deceased person’s last habitual residence.
However, Polish law always governs ownership and registration of property located in Poland, even if the will was made abroad.

This means that if a person dies abroad but owned real estate in Poland, a Polish court must confirm who inherits that property — and it will assess whether the foreign will is valid under Polish or foreign law.

2. When Is a Foreign Will Recognized in Poland?

A foreign will can be recognized and enforced in Poland if it meets one of two conditions:

  1. It complies with Polish legal requirements for a valid will (for example, a handwritten will signed and dated by the testator, a notarial deed, or a properly witnessed oral declaration), or

  2. It complies with the formal requirements of the law of the country where it was executed.

In other words, if the will was properly made in the United States, the United Kingdom, Canada, Australia, or France — according to that country’s rules — it is likely to be recognized by a Polish court.

However, Polish courts will always verify the authenticity, legal capacity, and intent of the testator, and may require certified translations or legalization (apostille) of foreign documents.

3. Why Verification by a Polish Court Is Necessary

Even if a foreign will seems valid abroad, you cannot automatically claim property in Poland based solely on that document.
Polish authorities require a court decision or a notarial deed confirming inheritance rights (“stwierdzenie nabycia spadku”).

During this process, the Polish court will:

  • determine who the rightful heirs are,

  • examine the validity of the will,

  • confirm the transfer of ownership under Polish law, and

  • issue a judgment allowing registration of the property in the Polish Land and Mortgage Register (księga wieczysta).

Without this confirmation, the property cannot legally change hands — it remains formally registered under the deceased person’s name.

4. Common Problems with Foreign Wills in Poland

Foreign wills may encounter issues in Poland due to:

  • Language differences – documents must be translated into Polish by a sworn translator,

  • Formal discrepancies – a will valid abroad may not meet Polish form requirements (e.g., missing date or signature),

  • Dual citizenship – if the deceased had both Polish and foreign citizenship, the applicable law may depend on their dominant nationality,

  • Lack of local registration – foreign wills are not automatically entered into the Polish will registry.

To avoid these complications, it’s recommended to consult a Polish inheritance lawyer before filing your claim.

5. How a Polish Inheritance Lawyer Can Help

An experienced inheritance lawyer in Poland (adwokat or radca prawny) can assist with every stage of the process, including:

  • verifying whether your foreign will meets Polish legal requirements,

  • preparing certified translations and legalizations (apostille),

  • filing an application to the Polish court for confirmation of inheritance,

  • representing you during court proceedings in Poland,

  • registering inherited property in your name, and

  • handling inheritance tax and Ministry of Interior permit issues (if required).

For many foreigners, this means you do not have to travel to Poland in person — your lawyer can act on your behalf under a notarized power of attorney.

6. Avoiding Double Taxation

If your inheritance includes property or financial assets in Poland, Polish inheritance tax may apply.
Fortunately, Poland has signed tax treaties with countries such as the U.S., Canada, France, and Australia to avoid double taxation.
A local inheritance lawyer can help you determine what taxes apply and how to minimize your liability.

7. Key Takeaway

✅ Yes – a foreign will can be valid in Poland, provided it complies with legal formalities and is recognized by a Polish court.
However, navigating the process requires understanding both Polish and international inheritance law.

Whether you are an heir living abroad or a Polish citizen with a will made in another country, working with a specialized Polish inheritance lawyer ensures your rights are protected and your property is properly secured.

Need Legal Assistance?

Navigating the sale of inherited property in Poland can be complex, especially for foreign heirs. For personalized guidance:

InheritSafe Poland
Dr. Joanna Susło, Ph.D., Attorney-at-Law
E-mail: [email protected]
Mobile / WhatsApp: +48 668 841 990