Poles Increasingly Specify Heirs' Shares in Wills

Poles are increasingly opting for a specific type of will that dictates precisely which heir will inherit which asset, a practice known as "testament z zapisem windykacyjnym" or a will with a "vindication clause." Statistics from the Ministry of Justice show a dramatic rise, with such clauses appearing in over 31,000 notarial wills last year, compared to just over 13,000 in 2015. The total number of notarial wills also grew significantly, reaching over 208,000 in 2025.

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In the case of a will with a vindication clause, the testator does not leave the decision about the later division of the estate to the family, but decides during their lifetime who will receive a specific component of it.

Notary Tomasz Karłowski, president of the Chamber of Notaries in Warsaw, explains that this clause allows the testator to decide during their lifetime who receives specific components of their estate. For example, a daughter could be designated to receive a particular apartment, a son a business, and a grandchild another specific property. However, Karłowski emphasizes that this can only be established in a notarial deed and must pertain to assets identified by their identity. This requires precise details, such as the land and mortgage register number for an apartment or the make, model, and VIN for a car.

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The requirement for a notarial deed stems from the serious consequences of preparing a will with a vindication clause. Indeed, at the moment of the testator's death, a specific item passes directly to the person designated by them.

Magdalena Arendt, vice-president of the National Chamber of Notaries, notes that the vindication clause offers not only assurance that a specific asset goes to the intended person but also bypasses the need for additional actions by heirs. In traditional wills, heirs receive shares in the entire estate until the division of inheritance, which can lead to disputes. The vindication clause, by contrast, can limit the risk of conflicts over the execution of the testator's wishes, making it a practical solution for those with a clear vision for succession, often involving real estate, family businesses, or items of significant personal or financial value.

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A vindication clause does not have to cover all assets. It can be used only for one or several particularly important ones.