The most common objections to a will in a Polish succession case?

The most common objections to a will in a Polish succession case?

The objections concerning the validity of a Polish will are a fairly common element of inheritance proceedings in Poland. Considered from the point of view of the structure of the procedure, they constitute objections nullifying the rights of the person who derives his inheritance rights from the Polish will. The factual circumstances affecting the validity of a will usually dominate the course of the proceedings, most often requiring specialized knowledge to be assessed, and obtaining evidence on these circumstances takes the longest and is most often met with objections from Polish lawyers and the parties.

However, it is possible to plan the procedure in such a way that the court’s activities can be completed relatively quickly, without exposing oneself to the accusation of prolongation and without generating unnecessary costs.

The public’s legal knowledge of the rules relating to Polish wills varies. The ingenuity of testators in expressing their last will and testament seems to be unlimited. Moreover, the way in which the testator’s statements are understood by his or her entourage is often far removed from the formulation of Polish inheritance law.

Confirmation of these circumstances may, in fact, result in the invalidity of the will and, consequently, a different order of succession.

Among the most common allegations against Polish wills are the following:

ALLEGATIONS OF LACK OF AWARENESS OR FREEDOM
Note: The allegation of mental illness in the testator does not in itself render the Polish will invalid. In this case, it is necessary to have an expert opinion to establish the testator’s testamentary capacity at the time of writing the will.

Note: a Polish will is invalid if it was drawn up by a testator who, due to his age and illnesses which affect his activity and will, is unable to resist the pressures and suggestions of third parties in his care.

EXCEPTION OF NON-AUTHENTICITY OF THE WILL
Although there is no legal provision for such a plea, its admissibility is obvious. The estate of a particular person can only be based on a will made by that person. To show that a will does not originate from the testator is to inherit on the basis of another will or on the basis of a law.

Forgery almost always refers to a handwritten will. It most often consists of writing a document as close as possible to the handwriting of the testator, either by copying or imitating the handwriting of the testator, or by substituting a document made by another person.