The Ministry of Justice has unveiled a draft amendment to the Civil Code and the Code of Civil Procedure, introducing significant reforms in inheritance law. The most groundbreaking proposal is the introduction of an audiovisual will – a pioneering solution in Europe that could revolutionize how individuals dispose of their assets after death. While the changes respond to the challenges of modern times, they also raise questions regarding legal certainty, risks of abuse, and the technical feasibility of implementation.
Audiovisual Will – Innovation with Risks
The most innovative proposal is the audiovisual will, which would allow a testator to record their last will using, for example, a smartphone, in the event of a sudden life-threatening situation. The draft stipulates that the testator may express their wishes in a video recording, including the date, place, and circumstances.
“This solution addresses real practical problems and reflects the development of technology. However, one must be aware of its limitations,” explains attorney Aleksandra Załęcka from the law firm Kurpiejewski, Budzewski & Partners.
The main risk stems from the possibility of falsifying recordings using deepfake technology, which is increasingly difficult to distinguish from authentic material. The absence of witnesses during the recording of an audiovisual will makes verification even more challenging. Courts will face the question of how to determine whether such a recording genuinely reflects the testator’s last wishes and whether it was made voluntarily.
“If the legislator decides on such a pioneering step, it will be essential to develop technical standards and procedures to verify the authenticity of recordings. Without them, the new rules could generate numerous court disputes rather than simplifications,” emphasizes Załęcka.
Oral and Travel Wills – Restrictions and Changes
The draft also introduces important changes to oral wills. Until now, it was sufficient to meet one of two conditions: fear of imminent death or the inability to use the ordinary form of a will. Under the new rules, both conditions must be met simultaneously.
“In practice, this significantly restricts the possibility of using this form. Moreover, the deadline for confirming an oral will has been shortened from six to three months. On the one hand, this increases legal certainty, but on the other, it forces heirs to act more quickly, which may be challenging in difficult family circumstances,” notes Załęcka.
The project also eliminates the institution of the travel will, considered anachronistic. According to lawmakers, in an era of universal access to digital tools and traditional will forms, this solution no longer has practical justification.
Military Wills and Witnesses – Adjustments for Modern Needs
Another significant change is the expansion of the group entitled to make military wills. In addition to soldiers, medical personnel and civilian contractors serving abroad will now have this right.
“This expansion reflects the realities of modern military operations, where Polish soldiers and their collaborators are increasingly stationed in remote areas and exposed to particular risks,” notes Załęcka.
The draft also clarifies rules concerning witnesses to oral wills. Persons connected to beneficiaries – from close relatives and spouses to business partners and shareholders – will be excluded. Importantly, these restrictions will also apply after divorce, separation, or termination of adoption, eliminating previous interpretive doubts.
Strengthening Legal Certainty – Ending Conflicting Rulings
The amendment also addresses the long-standing problem of courts issuing multiple conflicting inheritance rulings regarding the same decedent. Currently, resolving such conflicts requires complex reopening proceedings.
“The reform gives courts a simpler tool: the ability to annul a flawed ruling if a prior valid decision exists. This is a significant improvement that increases legal certainty and security of transactions,” comments Załęcka.
Step Toward Modernization or a Source of Disputes?
The planned reform clarifies many issues raised in practice. It removes obsolete institutions, refines ambiguities, and strengthens the position of heirs. However, the introduction of the audiovisual will, while potentially groundbreaking, raises numerous concerns.
“If Poland adopts such a pioneering solution, it will mark a symbolic step toward the digitalization of inheritance law. Yet to deliver real benefits, it must be supported by clear technical and legal procedures. Otherwise, instead of simplification, we may face a wave of disputes and uncertainty,” concludes attorney Aleksandra Załęcka.
The new provisions are expected to enter into force one month after the law’s publication. Wills made before that date will be assessed under the current rules.
