Testimony attestation in the light of the draft act amending the civil code of 7 october 2022

Abstract

One of the most common forms of specific will in the Polish legal system is the oral will, regulated by Article 952 of the Civil Code. This form of declaration of the testator’s will raises evidentiary problems in court practice. It is argued in doctrine that cases of forgery of oral wills are much more frequent than those of other wills. Hence, the draft amendment to the Civil Code Act in the version of 7 October 2022 proposes a significant change to the content of Article 952 of the Civil Code or even its repeal. The draft adopts the arguments in favour of changing the content of Article 952 of the Civil Code and stops at modifying the prerequisites guaranteeing the effectiveness of such a will and the ways of its establishment.