Announcement of Polish will (testament)
Person in custody of a will is obliged to submit it to the Polish Inheritance Court when he or she learns about the testator's death unless it had been submitted to the notary's office. The person who unfoundedly infringes the above mentioned responsibility is accountable for the damage caused. Moreover the person infringing this responsibility may be subject to fines by the Polish Inheritance Court.
In order to establish the existence of a will (testament) and its whereabouts, the Polish Inheritance Court may issue an order to submit a declaration in this matter respectively using the procedural framework provided to disclose the estate objects.
After examining the person that, according to the information obtained, is in custody of the will, the Polish Inheritance Court will issue a resolution ex officio ordering that person to submit the will in due time. An appeal from the court's resolution in regards to submission of a will can be made.
The court or the notary opens the testament when in possession of proof of the testator's death. The term of the opening and the announcement is not provided to the parties interested, although they can be present during the act.
When several wills of one testator are submitted, all are opened and announced and in each of them the other ones are mentioned. In the protocol of opening and announcing a will, its external value is described as well as its date, the date of its submission and the person submitting the will is mentioned. The date of the opening and announcement is placed on the will.
The Polish Inheritance Court or the notary's office wherever possible notifies persons to whom the succession orders refer as well as the testator and the curator of the will about the opening and the announcement of the will. The notary immediately notifies the Polish Inheritance Court by mailing the copy of the prepared protocol.
The will, together with the opening and the announcement protocol, is kept with the Polish Inheritance Court unless it was submitted at the notary's office. Nonetheless at the request of the Polish Inheritance Court the notary mails he submitted will to this court. The above mentioned norms are used in correspondence with the letter ascertaining contents of the oral will.
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