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Other Forms of Will

Although the handwritten (holographic) will and the notarial will are the most common forms of testamentary disposition, they are not the only options available.

The Allographic Will

Pursuant to Art. 951 of the Civil Code, a testator may execute a will by making a declaration of intent in the presence of two witnesses and before the head of a rural commune (wójt), a mayor (burmistrz/prezydent miasta), or another local government official. The declaration is then recorded in a formal protocol.

This form is, of course, organisationally inconvenient; however, for individuals who are unable to sign their name for whatever reason, it may prove more practicable than a notarial deed.

The Oral Will

Although the form described above might appear to constitute an oral will — and does indeed bear that character in practice — the term itself is reserved for the form provided for in Art. 952 of the Civil Code. It may only be used where there exists a “fear of imminent death” (obawa rychłej śmierci), such as in a terminal stage of illness or in the face of a genuine risk of serious accident, in which circumstances the testator may declare their wishes before at least three witnesses. Those witnesses must then record the content of the will in the form of a signed statement bearing the date and place of the declaration.

The Traveller’s Will

Art. 953 of the Civil Code provides, in turn, for a form of will available to persons travelling by ship or aircraft. The testator makes a declaration of intent regarding the disposition of their estate after death before the commander of the vessel (for example, the captain of a ship) and two witnesses, whereupon the commander records the declaration in writing and dates it.

The Military Will

Additional provisions — set out in the Rozporządzenie Ministra Obrony Narodowej — govern the particular conditions under which a soldier may execute a will.