ATTENTION ! Automatic translation from Polish
Polish inheritance law stipulates that a testator cannot disinherit a person entitled to a compulsory share if they have forgiven them (Article 1010 of the Civil Code). Forgiveness is an emotional act that can take the form of a written declaration or be implied, resulting from the testator’s behavior. For forgiveness to occur, it must be manifest. The circumstances must clearly indicate that the testator has actually forgiven the person they previously wished to disinherit.
The Supreme Court addressed this issue in its ruling II CSKP 2344/22:
„In the legal sense, forgiveness is an outwardly expressed, clear, and unequivocal decision to no longer harbor any grievances for the previously suffered hardship.” The Supreme Court also emphasized that if the testator’s behavior indicates that they are still unable to come to terms with the pain they have experienced, dwells on it, and communicates this to others, forgiveness cannot be deemed to have occurred.
It can be said that Polish inheritance law grants the testator complete freedom to express forgiveness. It does not have to be recorded in a will, an official document, or even expressed in a solemn manner. Moreover, even if the will contains a disinheritance provision, subsequent forgiveness can completely change the legal situation. Ultimately, it is the testator’s genuine, sincere will, not the form, that determines the effectiveness of forgiveness.
Finally, it is worth emphasizing that the disinherited heir must demonstrate forgiveness in court proceedings, and it is permissible to prove forgiveness through any available evidence, including private documents and the testimony of witnesses called to the case.