Any person with full legal capacity may execute a will. However, a will does not always effectively dispose of a person’s estate upon death. The Civil Code provides for circumstances in which a will is invalid.
Will
A will is the fundamental form of a so-called disposition upon death (rozporządzenie na wypadek śmierci). The person executing the will (referred to as the testator) may designate therein who is called to the estate (i.e. who will inherit after them). This possibility is frequently of considerable importance — particularly where one wishes their estate to pass, upon death, to persons other than those designated by statute — yet it is subject to a number of limitations. Crucially, even a formally correct will may be ineffective where it is invalid.
Grounds for Invalidity of a Will
The circumstances capable of rendering a will invalid are expressly set out in Art. 945 of the Civil Code. A will is invalid where it was executed:
- by a person who was unable to understand or control their actions (by reason of illness or, for example, intoxication);
- under the influence of a material mistake (for instance, in favour of a person who falsely misrepresented their identity);
- under the influence of a threat (one that was realistic, serious, and directed at the testator or a person close to them).
Consequences
An invalid will — like any other instrument affected by invalidity — is treated as though it never existed. Accordingly, should a court find a given will to be invalid, succession proceeds on the basis of any earlier wills or, failing those, by operation of statute. Importantly, the grounds giving rise to the invalidity of a will must be raised in the course of proceedings for a declaration of acquisition of the estate (postępowanie o stwierdzenie nabycia spadku).