Updated: 11.03.2025
What is disinheritance in Poland?
In common language, the term “disinheritance” covers all situations in which the testator deprives their heirs of a share in the estate. Polish Civil Code, however, uses this term only with reference to depriving descendants, spouse and parents of the right to a forced share. In this case one can talk about disinheritance in the strict sense. Disinheritance can only be made in a will. 
Depriving an heir of their statutory share in the estate is quite common in testate succession. Disinheritance may be implied – the testator will name another person an heir of the entire estate. In may be also put into effect through the so-called negative will.
This term refers to a will whose only purpose is to deprive an intestate heir of their share in the inheritance. It may read as follows: “It is my will that my eldest daughter not inherit from me”.
In the above situation, the testator’s other children and spouse are entitled to inherit, except for the eldest daughter (the eldest daughter, however, remains entitled to a forced share). The possibility of making a negative will is not explicitly provided for in the Polish law. However, neither case law nor the writings of legal commentators dispute its admissibility.
Reasons for disinheritance
Disinheritance in the strict sense, meaning deprivation of the right to a forced share, is the most severe sanction against an intestate heir who acts in a reprehensible manner. Disinheritance is possible when a forced heir persistently violates the principles of community life against the testator’s will.
Another reason is the commission of an intentional crime against life, health or freedom or a gross affront to dignity with respect to the testator or one of the persons closest to them.
Disinheritance may also take place when a forced heir persistently neglects their family duties towards the testator. It should be noted that these are family duties, i.e., not only the duty of maintenance, but also, e.g., the duty of care and assistance to an infirm parent.
What is important, the reason for disinheritance should stem from the content of the will. In order for the disinheritance to be effective, it is also important for the reason to exist in reality.
Legal effects of disinheritance
The consequence of disinheritance is that the disinherited person loses their right to claim a certain amount of money from the forced share, but also is no longer an heir. Their place is now taken by their descendants.
The legal effects of disinheritance do not extend to the disinherited person’s descendants (children, grandchildren and so on). The descendants of a disinherited person are entitled to a forced share even if the testator’s descendant survived the testator.
What is Act of forgiveness?
It should be noted that disinheritance is ineffective if the testator has forgiven the heir. If at the time of forgiving the testator did not have capacity for acts in law, the act of forgiveness is effective if it took place with sufficient understanding of the facts.
FAQ – Disinheritance in Poland
What does disinheritance refer to in Polish law?
Disinheritance refers to the act of depriving a family member, such as a surviving spouse, adult children, or parents, of their legal right to a forced share in the estate.
What are the most common reasons for disinheritance?
The most common reasons for disinheriting a child, surviving spouse, or other potential heir include undue influence, substance abuse, persistent violation of spousal rights, and failure to fulfill family duties. Other common grounds involve committing a crime against the person creating the will or acting against settlor’s intentions.
How does the probate process affect disinheritance?
The probate process determines whether a disinheritance clause in the will is legally valid. If a probate litigation attorney finds that a disinherited child or another beneficiary was subjected to undue influence or lacked mental capacity, the probate court may challenge the disinheritance letter and uphold the legal protections for the heir.
Can a disinherited child or spouse challenge disinheritance in court?
Yes, a disinherited child, former spouse, or other beneficiaries can file legal challenges in probate court based on common grounds such as undue influence, lack of sound mind, or failure to comply with state laws. An experienced estate planning attorney can provide guidance on whether the legal right to an inheritance can be restored.
Can a testator revoke a disinheritance decision?
Yes, a person creating a will may change their current wishes if their circumstances change. A disinheritance letter can be modified or revoked at any time, provided that the testator is of sound mind and not under undue influence.
Does disinheritance apply to the descendants of a disinherited heir?
No, many jurisdictions uphold that minor children or other beneficiaries of a disinherited child retain their right to a forced share under state laws. This prevents complete disinheritance of future generations unless specific legal protections are in place.
How can someone prevent complete disinheritance?
To prevent complete disinheritance, individuals may include a disinheritance clause while ensuring that financial concerns, substantial gifts, or estate planning decisions are structured to avoid ambiguity. Consulting a financial advisor or an attorney is recommended to ensure compliance with state laws.
What happens if a testator forgives a disinherited heir?
If the testator forgives the disinherited child, former spouse, or another potential heir, the legal effects of disinheritance become void. However, the testator must have mental capacity at the time of forgiveness for it to be legally recognized.
