How to Write a Will in Poland -- Step-by-Step Guide

Why You Need a Will in Poland

Only about 15-20% of Polish adults have written a will. The rest rely on statutory inheritance rules -- which may not reflect their actual wishes. Whether you're a Polish citizen or an expat living in Poland, having a valid will ensures your assets go where you intend.

Without a will, Polish law dictates a fixed order: spouse and children inherit equally (with the spouse receiving at least 1/4). If that's not what you want, a will is the only solution.

Types of Wills in Poland

Polish law recognizes several types of wills. The three most common:

1. Holographic Will (Testament Wlasnorecny)

The simplest and most popular form. Requirements:

• Entirely handwritten -- not typed, not printed
• Signed -- full name at the end
• Dated -- day, month, year

This is critical: a printed will with only a handwritten signature is invalid in Poland. Every word must be written by hand.

Example:

I, Anna Nowak, residing in Krakow, declare that I bequeath my entire estate to my husband Marek Nowak and my daughter Zofia Nowak in equal shares.

Krakow, March 9, 2026 Anna Nowak

Cost: Free. Just paper and pen.

2. Notarial Will (Testament Notarialny)

Prepared by a notary in the form of a notarial deed. Advantages:

• Harder to contest -- the notary verifies identity and mental capacity
• Securely stored -- in the notary's office and NORT registry
• Professional guidance -- the notary can advise on legal implications

Cost: 100-300 PLN (notary fee plus copies).

3. Allographic Will (Testament Allograficzny)

An oral declaration made before a municipal official (mayor, commune head) in the presence of two witnesses. Rarely used but available for those who cannot write.

Step-by-Step: Writing a Holographic Will

Step 1: Inventory Your Assets

Before writing, know what you own:

• Real estate (apartments, land, houses)
• Bank accounts (mBank, ING, PKO, Revolut)
• Investments (stocks, ETFs, bonds on XTB or other platforms)
• Retirement accounts (IKE, IKZE, OFE)
• Cryptocurrency (Binance, Bybit, hardware wallets)
• Vehicles, valuables, jewelry
• Debts and liabilities

An app like Freenance can help you see all your assets in one dashboard -- bank accounts, investments, crypto, and Polish Treasury Bonds -- giving you a clear starting point.

Step 2: Decide Who Gets What

Your options:

• Appoint heirs to the whole estate -- e.g., spouse 50%, child 25%, child 25%
• Make specific bequests (zapis zwykly) -- e.g., "my car goes to my brother"
• Vindication legacy (zapis windykacyjny) -- transfers specific items directly upon death (requires notarial form)
• Disinherit (wydziedziczenie) -- deprive someone of their forced share (zachowek), but only for legally valid reasons

Step 3: Write the Will

Take paper and pen. Write clearly in your own handwriting.

Structure:

1. Title -- "Testament" (optional but helpful)
2. Personal details -- name, address
3. Declaration -- who inherits and in what proportions
4. Any specific bequests
5. Date (day, month, year)
6. Signature

Step 4: Store It Safely

Options:

• At home -- in a location known to a trusted person
• With a notary -- even handwritten wills can be deposited
• In NORT -- the Notarial Registry of Wills (Notarialny Rejestr Testamentow), cost approximately 50 PLN

Step 5: Tell Someone

A will nobody knows about is useless. Inform at least one trusted person about its existence and location.

Forced Heirship (Zachowek) -- A Critical Consideration

Poland has a forced heirship system. Even with a will, certain relatives can claim a portion of your estate:

• Spouse, children, parents are entitled to zachowek
• Amount: 1/2 of their statutory share (2/3 if minor or permanently incapacitated)
• You cannot fully disinherit without legally valid grounds

This means your will can be partially overridden. Understanding zachowek is essential when writing a will.

Common Mistakes

1. Typing instead of handwriting -- the will is completely invalid
2. Missing signature -- invalid
3. Missing date -- may be contested
4. Vague language -- "I want my sister to have something nice" is not enforceable
5. Ignoring zachowek -- your plan may be disrupted by forced heirship claims
6. Never updating -- after marriage, divorce, new children, or major asset changes

When to Update Your Will

• After marriage or divorce
• After birth or adoption of a child
• After acquiring or selling significant assets
• After the death of a named heir
• After major relationship changes

A new will automatically revokes the previous one -- but it's good practice to explicitly state this.

Special Considerations for Expats

If you're a foreign national living in Poland:

• EU Succession Regulation applies -- you can choose the law of your nationality to govern your estate
• Include a choice-of-law clause in your will if you prefer your home country's rules
• Consider having wills in multiple jurisdictions for assets in different countries
• Consult a cross-border estate planning lawyer

Digital Assets

Don't forget about:

• Email and social media accounts
• Cloud storage
• Cryptocurrency wallets and exchange accounts
• Online banking access
• Subscription services

Create a separate document with access instructions and reference it in your will.

Summary

Writing a will in Poland is straightforward:

• Handwritten, signed, dated -- that's the minimum for a valid holographic will
• Notarial form is safer and harder to contest
• Know your assets before you start
• Be specific -- who gets what, in what proportions
• Store safely and tell someone
• Update regularly after life changes
• Remember zachowek -- forced heirship may affect your plans

It takes 30 minutes to write a will. It can save your loved ones months of stress, legal fees, and family conflict. Don't wait.

FAQ

Can I write my will on a computer and just sign it by hand?

No. A holographic will (testament własnoręczny) must be written entirely in your own handwriting, then dated and signed. A printed document with a handwritten signature does not meet Polish formal requirements and would be invalid. If you cannot write by hand, consider a notarial will instead.

When is a notarial will worth the cost versus a handwritten one?

A notarial will is harder to contest because the notary verifies your identity and capacity, the document is stored securely, and it can be registered in NORT (Notarialny Rejestr Testamentów). For complex estates, larger asset bases or families where disputes are possible, the modest notary fee usually pays for itself. Many people start with a handwritten will and upgrade to a notarial one once their estate becomes more complex.

Do I have to mention zachowek in the will itself?

You do not have to mention zachowek explicitly — it applies by operation of law to spouse, children and parents — but it is worth understanding how it interacts with your dispositions. If you want to disinherit someone, you generally need legally valid grounds documented in the will. A lawyer can review the wording to reduce the risk of later challenges.

How often should I update my will?

Review your will after major life events such as marriage, divorce, the birth or adoption of a child, the death of a named heir, or significant changes in your assets. A simple rule of thumb is also to revisit it at least every few years even if nothing obvious has changed. A new validly executed will revokes the previous one, but it is good practice to state the revocation explicitly.

How does Freenance help with preparing a will?

Freenance gives you a single up-to-date picture of accounts, investments, real estate and Polish retail treasury bonds, which makes the asset-inventory step of writing a will much faster. It does not draft legal documents — for the will itself you should use a notary or a qualified lawyer. The combination of clean asset data plus professional drafting tends to produce the most robust outcome.