Wills – Invalidity and Executors

A will is the most important document in which the testator decides who will inherit their estate and in what proportion. It can be made in handwritten form, before a notary, or, in exceptional cases, orally or in military form. A will allows property matters to be settled during the testator’s lifetime and often helps prevent disputes among heirs.

However, there are cases where the validity of the will is questioned. A will may be challenged if it was made under mistake, duress, or in a state excluding conscious or voluntary decision-making, or if it does not meet formal requirements. In such cases, the court may declare the will invalid.

Polish law also provides for the institution of the executor – a person appointed by the testator to carry out their final wishes. The executor manages the estate, settles debts, and distributes assets in accordance with the will. This solution is especially helpful in cases of large estates, complicated family relationships, or when heirs live abroad.

My Role as an Attorney – Supporting Clients in Poland

As an attorney, I can assist with all aspects of will-related matters, including:

1. drafting wills and advising on the safest and most effective form,
2. representing clients in court disputes over the validity of a will,
3. protecting the interests of individuals named in the will,
4. assisting heirs in communication with the executor or applying to court for their appointment,
5. securing the estate until legal proceedings are completed.

My Role as an Attorney – Supporting Clients Abroad

For individuals living outside Poland, wills often create specific difficulties – due to distance and the inability to participate in proceedings personally. In such cases, I can:

1. represent the client in a dispute regarding the validity of the will,
2. pursue claims arising from the will or the reserved portion (legitime),
3. communicate with the executor on the client’s behalf,
4. ensure that the will is executed in accordance with the law and that the rightful assets are transferred to the heir – including international bank transfers.

A will should provide peace of mind and certainty. In practice, however, it may lead to conflicts and legal complications. Professional legal support ensures that the will is properly drafted and that your rights are effectively protected – whether the will is disputed or needs to be enforced.