Notarial wills are the most common form of testament in Poland, offering secure and difficult-to-challenge estate planning options.
What is a notarial will?
A notarial will is an ordinary will that allows property disposition upon death. Prepared by a notary, a public official, it ensures protection of parties’ rights and interests.
In Poland, notarial wills are the most common testament form. They are difficult to challenge regarding formal errors or testator awareness, and are stored with the notary, reducing risks of destruction or unauthorized changes.
How to create a notarial will?
Creating a notarial will requires only a notary and testator, no witnesses. While typically done in a notary’s office, it can be created elsewhere, such as at the testator’s residence.
The process begins with choosing a notary and determining assets to bequeath. The testator has full discretion in deciding heirs and property distribution. They may disinherit persons or establish revocable bequests for specific items. Valid identification documents are required, and for revocable bequests, detailed property information is needed.
The notary verifies identity and ensures the testator acts voluntarily. They then read the will document aloud, allowing for corrections. Once finalized, both parties sign, and the original remains with the notary, with optional registration in the Notarial Register of Wills.
How much does a notarial will cost in 2026?
Contrary to common belief, notarial wills are not costly. Maximum rates, set by a 2004 Ministry of Justice regulation, range from 50-200 PLN for simple wills to 150-400 PLN for wills with charges. A 23% VAT is added to these amounts.
Additional fees may apply for wills created outside the notary’s office or during non-standard hours.
FAQ
A notarial will is an ordinary will where the testator disposes of property upon death. Only a notary and testator are needed, and it can be created anywhere.
To create one, valid identification and exact heir information are required. For revocable bequests, detailed property information like land register numbers is needed. Notarial wills are not expensive, with maximum fees ranging from 50-200 PLN according to notarial fee regulations.
