This article compares the costs, legal security, and procedures for creating a handwritten will versus a will prepared with a notary in Poland.
Handwritten vs. Notarized Wills [COSTS]
Handwritten and notarized wills are the two most popular ways to transfer assets. The cost differences between them are significant.
Additional costs are associated with storing and registering the document, including storage with a notary. Regardless of whether the will is notarized or handwritten, it can be deposited in a notary’s office for a one-time fee of 61.50 PLN. Registration in the register of wills, which facilitates locating the will after the testator’s death, is free.
In summary, a handwritten will does not incur costs during preparation, while a notarized will involves a fee of approximately 200 PLN, which guarantees the document is legally sound and more difficult to challenge.
What Conditions Must a Handwritten Will Meet to Be Valid?
A handwritten will must meet several key formal requirements to be valid. Failure to meet any of the following elements renders the will invalid.
Additional aspects regarding this form of will should also be considered.
Why is a Notarized Will Harder to Challenge?
A notarized will is more difficult to challenge primarily because it takes the form of a legal act, and a notary oversees its preparation. Thanks to their presence:
It is easier to question the authenticity of a handwritten will, as it does not have to be prepared with witnesses. A will prepared with a notary, as an official document, constitutes strong evidence of its contents. Unlike the handwritten form, where the lack of a date, signature, or handwriting renders it invalid, a professionally prepared notarized will guarantees the correctness and permanence of the testator’s intent.
What to Choose: Handwritten or Notarized Will? [SUMMARY]
Handwritten and notarized wills differ primarily in terms of costs and legal protection. The former is free and simple to prepare, but requires meeting specific formal conditions and carries a greater risk of being challenged or lost. A notarized will, although paid, provides greater certainty regarding the correctness and permanence of the records, as it is prepared under the supervision of a notary.
The final choice depends on individual needs, but in every case, it is worth ensuring a precise definition of intent and safe storage of the will to avoid problems in the future.
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