ATTENTION – THIS IS AN AUTOMATIC TRANSLATION from Polish
Freedom to make a will is one of the fundamental principles of Polish inheritance law. However, its limits are set by the provisions on the grounds for invalidity of a will, including Article 945 § 1 item 2 of the Civil Code, which provides for the invalidity of a will disposition upon death made under the influence of error. In court practice, the question arises about the nature of such an error and whether it can result from the testator’s subjective assessments and beliefs regarding the behavior of loved ones – especially in situations of family conflict, addiction, or long-term emotional stress.
In current case law, the Supreme Court has consistently held that an error within the meaning of Article 945 § 1 item 2 of the Civil Code must concern facts. Therefore, it does not refer to every inaccuracy, disappointment, or negative assessment of the conduct of family members, but rather to an erroneous perception of the objectively existing state of affairs. The significance of an error lies in the fact that it must justify the assumption that, had the testator known the actual facts, he or she would not have made a will with the given content. The burden of demonstrating this premise rests with the person challenging the validity of the will.
In the context of individuals addicted – particularly to alcohol – this issue takes on additional complexity. The mere fact of addiction does not determine the invalidity of a will. The key factor is whether, at the time of making the will, the testator was in a state that precluded conscious or free decision-making and expression of will (Article 945 § 1 item 1 of the Civil Code). If such a premise is absent, the assessment shifts to a possible error. However, even in this respect, demonstrating that family relationships were disturbed and the testator attributed malicious intent to close relatives is insufficient.
It is also crucial to clearly distinguish between examining the validity of a will and assessing the validity of disinheritance. In proceedings to establish inheritance, the court focuses on whether the will is valid in light of the premise of Article 945 § 1 item 1 of the Civil Code. 945 of the Civil Code. However, whether there were actual grounds for disinheritance within the meaning of Article 1008 of the Civil Code should be analyzed in a potential lawsuit for compulsory share. Confusing these two levels leads to an unjustified extension of control over the content of the will in non-contentious inheritance proceedings.
From a practical perspective, this means that challenging a will on the basis of an error requires a precise demonstration of: first, a specific, objective fact about which the testator was mistaken; and second, the significance of this error for the content of the will. The mere controversial nature of the testator’s decision, its harshness towards loved ones, or even moral doubts about the testator’s motives are not sufficient to declare a will invalid. This reinforces the strong protection of the freedom of testamentary inheritance as an element of individual autonomy in the sphere of private law.