Audiovisual wills in Poland – a breakthrough in inheritance law?

In Poland’s legal system, audiovisual wills are not yet legal. Work is currently underway on a draft law introducing this form of will. However, it is a controversial topic and still stirs up a lot of emotions.

Will the introduction of audiovisual wills bring a revolution in Poland’s inheritance law?

Currently, the draft is on the list of legislative works of the Council of Ministers and provides for the possibility of drawing up an audiovisual will in special and urgent circumstances.

The amendment requires that the two conditions be met together:

• First, there must be special and urgent circumstances that justify the fear of the testator’s imminent death,
• Second, the drafting of an ordinary will must be either impossible or excessively difficult.

Will such a solution really help people in crisis situations, or will it open the field to abuse?

What are the key rules for drafting an audiovisual will?

1. The testator is to identify himself and declare that he is making a will.
2. The testator is supposed to clearly and precisely state his last will regarding the disposition of the estate.
3. The recording is to be clear and understandable.
4. The testator should provide information about the date and place of making the will.
5. It is recommended that witnesses be present at the drafting of an audiovisual will, although their presence is not required.
6. The recording should be made with a durable medium.
7. A testator can make a will by himself or with the help of a third party.
8. The will must be delivered to the estate court during the testator’s lifetime. In the event of the testator’s death, any person who has access to the durable medium on which the will was recorded is required to deliver it to the court. The time limit for delivering a will is one month after it was made or three months after the testator’s death.

Are such rules enough to make an audiovisual will as reliable as a will drawn up in the form of a notarial deed? It seems that the proposed changes are a response to ever-changing circumstances due to the development and ubiquity of technology in the life of society.

An approach involving a change as to the terms of execution of certain legal actions seems reasonable, especially if the testator on death can declare the last will orally with the use of a telephone. Thus, it is a convenience for the elderly and disabled who may have difficulties with mobility.

When will an audiovisual will be valid?

The final decision on the validity of the audiovisual will will be made by the court of succession. In order to assess the invalidity of the will, the court will take into account, among other things:

• The state of consciousness and freedom of the testator at the time of testing,
• The authenticity of the will,
• The content of the will and its individual provisions,
• The existence of prerequisites for a special will.

To avoid an invalid provision, the testator should keep in mind these factors

New audiovisual will, or should we have doubts about the content of the will? Advantages and disadvantages

A quick and easy way to write down your last will? Advantages of an audiovisual will

• Simplicity of drafting: In emergency situations, an audiovisual will may be easier to draft than a written will.
• Accessibility: Most people have a smartphone or camera, making it easy to make a recording.
• Authenticity: an audiovisual recording can provide strong evidence of what the testator’s last will was.

What are the pitfalls of audiovisual wills?

• Ease of forgery: Audiovisual recordings can be more easily forged than written wills. It is more difficult to decide the invalidity of a handwritten will that is self-signed.
• Problems of interpretation: The will of the testator as expressed on the record may be unclear or difficult to interpret. The question arises, would the testator have made a will of a given content under different circumstances?
• Time limitation: Since an audiovisual will is a special will, it will only be valid for a certain period of time.

What is the purpose of introducing audiovisual wills?

The purpose of introducing audiovisual wills is to make it easier for people who are in life-threatening situations to make a will. This is to be especially important for people who are unable to make a will in written or oral form with witnesses.

However, it should be noted that the draft amendment is still at the legislative stage. It is not known when it is scheduled to be enacted and enter into force.

What are the current forms of wills in Poland?

Until then, Poland has the existing forms of wills, and among them the most popular are:

• Drawing up a notarized will: the testator’s statement is written down in the presence of a notary, and is then entered in the notary’s register of wills;
• Written will: made by the testator and accompanied by his handwritten signature. In this case, the will must be written entirely in handwriting and signed. You also need to remember to put the date of the writing.
• Oral will: the testator makes a will in the presence of two witnesses.

Are audiovisual wills the future of inheritance law?

Audiovisual wills may become a complement to traditional forms of wills in Poland. However, it should be borne in mind that the new legal regulation is still in the drafting stage, and the final form of the legislation may differ from the projected assumptions. It is also important to draft an audiovisual will with due diligence to avoid problems with its recognition in the future.

This form may in the future change the way we view the making of a will, especially in emergency situations where there is a fear of the testator’s imminent death. However, it is worth following the progress of legislative work and keeping abreast of new regulations in this area of inheritance law.

Ultimately, audiovisual wills may become an integral part of Poland’s future inheritance law, offering new options for testators in various life situations.

However, it is important that these changes are made with due care and consideration to ensure the fullest realization of the testator’s will after his death.

This post originally appeared on dudkowiak.com