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Wills and inheritance

Is a will written on a computer valid?

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Not as a handwritten will. That form requires the whole text to be written by hand and signed, so a printout with a handwritten signature does not meet it. You can prepare the content on a computer, but then you have to copy all of it out by hand. Notarial and allographic wills do without handwriting.

Why a printout is not enough

Art. 949 of the Civil Code requires a handwritten will to be written entirely by hand and signed. It should also be dated, though a missing date does not always make it invalid. The handwriting is a safeguard here: an expert can compare it with other documents of the testator and establish who wrote the text. A printout offers no such possibility, and a handwritten signature under it does not change that.

A will made without observing the required form is invalid (art. 958). The same applies to a printed form in which only the names and shares are filled in by hand, and to a PDF file or an e-mail.

You already have a will from a printer

If the testator is alive, the simplest way out is to copy the text out by hand, sign it and date it, or to go to a notary. Destroy the old printout or mark it as a draft, so that years later nobody takes it for the last will.

When a printout is left after a death, the court will not recognise it as a handwritten will. If there is no other valid will, the estate passes under statutory inheritance, that is, the order of heirs set by law. Discuss such a situation with a lawyer before you file an application with a court or a notary.

The computer as a rough draft

You can compose the content on a computer, correct it and only then copy it onto paper. What you prepare on the computer is a draft, not a finished will. You copy out the whole text, including the opening phrases, and sign it below the content, not in the margin.

When typed text is fine

In a notarial will the text is prepared by the notary and is printed, because it is a notarial deed (art. 950). The fee for an ordinary will is at most 50 zł net. An allographic will also does without handwriting: an oral declaration made in the presence of two witnesses before, among others, the head of the municipality (wójt), the mayor (burmistrz) or the head of the civil registry office (urząd stanu cywilnego, USC), recorded in a protocol (art. 951).

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