Reasons for the invalidity of a will in Poland?

Reasons for the invalidity of a will in Poland?

A will made under Polish law may have several types of defects that will render it invalid.

Demonstrating the invalidity of a will usually results in its weakening.

Some of the defects in wills are very easy to notice and it will not be difficult to challenge them. Sometimes, however, an attempt to invalidate a will can require a lengthy, complicated and expensive trial.

The most obvious defects in a will are, for example, the preparation of a joint will (by more than one testator) or the absence of a signature on a handwritten will.

In some cases, minor defects such as the absence of a date may affect the validity of the will.

Proving that the will was not entirely written by the Polish testator, it may be necessary to collect evidence based on the opinion of a forensic graphologist. For such an occasion, it is good to have samples of the deceased’s handwriting (letters or Christmas cards written by the deceased).

It is also important to remember that during our lives we produce many documents that are filed by the state authorities (for example, a hand-signed tax return application or records for a passport or ID card). Therefore, if necessary, the Polish probate court may be asked to turn to these institutions in order to obtain comparative material for an expert graphologist.

A will may be invalid (capable of being contested) also when it has been drawn up

– in a state precluding conscious or free decision making and expression of will;

– under the influence of an error justifying the assumption that if the testator had not acted under the influence of an error, he or she would not have made a will of this content

– under duress (you can find a detailed article on this subject on the website).

Our law firm is specialized in inheritance matters 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 cases starts at 200 euros.