Supreme Court: Testator's age does not disqualify a will in Poland

Poland's Supreme Court has ruled that advanced age alone does not invalidate a will, a decision of particular importance given that many individuals draft their final testaments late in life. The court addressed an appeal from a long-term partner of the deceased, who contested a lower court's decision to uphold a will made by an 80-year-old man.

The contested will appointed the daughter of the man's new partner as the sole heir, simultaneously revoking a previous will that favored the appealing partner. The appellant's legal representative argued that the testator lacked the capacity to consciously and freely express his will on the day the second will was drafted, questioning the criteria courts use to assess a testator's diminished willpower and susceptibility to third-party pressure.

However, the Supreme Court dismissed this argument. It stated that a state preventing conscious or free decision-making and expression of will can only be recognized if the possibility of free choice is entirely eliminated. This condition must stem from factors internal to the individual, not external circumstances. The court emphasized that suggestions from third parties do not inherently negate free will; otherwise, nearly every declaration of will could be deemed invalid.

The court outlined four cumulative elements that must be present to establish a lack of free will: the testator's susceptibility to the alleged influencer's sway, the opportunity for that influence to be exerted, the influencer's active involvement in the will's preparation, and a testament that provides an unjustified benefit to the beneficiary at the expense of natural heirs. In this specific case, the court found no grounds to question the testator's awareness, noting he was in good mental and psychological condition, acted freely, and did not suffer from mental illnesses that would negate his testamentary capacity. The court also noted the testator's relationship with the beneficiary at the time of drafting and a dispute over a significant sum with the previous beneficiary.