Will in the form of a notarial deed in Poland

Will in the form of a notarial deed in Poland

A notarial deed is considered to be a document that provides maximum legal certainty: it is drawn up by a professional person who enjoys the public’s trust. It is a relatively complex document, which makes it difficult to falsify.

Possible deficiencies regarding a notarial deed may be null and void and, as a result, the order of succession may differ from that indicated by the testator due to the nullity of the will.

Each notarial act must include:

– the day, month and year the deed was drawn up;
– the place where the act was drawn up;
– name, surname and location of the notary’s office, and if the act was drawn up by a deputy notary – also the name and surname of the deputy;
– first names, surnames, names of relatives and place of residence of the natural persons, name and seat of the legal persons or other entities participating in the act, first names, names and place of residence of the persons acting on behalf of the legal persons, their representatives or agents, as well as of other persons present at the drawing up of the act;
– the declarations made by the parties, with reference, where appropriate, to the documents produced at the time of registration;
– testimony, if requested by the parties, of facts and circumstances relevant to the execution of the instrument;
– a statement that the document has been read, accepted and signed;
– the signatures of the participants in the deed and of those present at the making of the deed;
– the notary’s signature.

If a person who cannot write or cannot write participates in the deed, the notary declares that the person did not sign the deed and gives the reasons.

The original of the notarial deed signed by the testator remains in the Polish notary’s office and, after a ten-year retention period, it is sent to the Land and Mortgage Registry Court in Poland.

Not all violations of the notarial deed result in its nullity and, consequently, in the nullity of the will. The most important breaches are the following:

– failure to identify the testator;
– the absence of an indication of the notary who drew up the deed;
– the absence of the notary’s signature, as well as the absence of the testator’s signature if the reason for this absence was not indicated.

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 a case starts at 200 euros.