Don’t Leave Things for “Later”. A Will in Norway Means Peace of Mind.

Today, in cooperation with experts in Polish and Norwegian law – Advokatfirma Nierzwicki & Bluszko Law Firm – we focus on the specifics: how to protect yourself and your family while living between Poland and Norway.

You live and work in Norway, you have a house, a car, a bank account here. You also have Polish citizenship, and perhaps assets in Poland. In the event of your death, not having a will can trigger a complicated bureaucratic process that will delay and complicate your family's life.

You should know that if you lived permanently in Norway, Norwegian inheritance law (Arveloven) will decide how your assets are divided. However, if you also have assets in Poland, your loved ones will have to go through two separate inheritance proceedings in two different countries, which generates costs and takes time.

Here comes the first, crucial piece of advice. Thanks to EU regulations (although Norway is not in the EU, the rules are similar and often taken into account, and in the case of assets in Poland – essential), you can choose Polish law in your will to govern your entire estate. This can greatly simplify the formalities!

EXAMPLE: Mrs. Anna and Mr. Piotr, although living in Oslo, also own a summer plot in Poland. They made a will in which they chose Polish law to govern the inheritance and precisely divided their assets. As a result, after their passing, their children will only need to conduct a single, simple inheritance procedure in Poland, saving them time, stress, and huge costs related to double bureaucracy. In this way, the parents ensured peace and simplicity for their children.

You need to know that for a will to be valid, it must meet strictly defined formal requirements. In Norway and Poland, these requirements differ, and if the document does not meet them, it is as if it does not exist!

A will prepared according to Norwegian law must be in writing. The most important thing is that you must sign it in the presence of two witnesses. These witnesses must also sign, and most importantly – they cannot be people who will inherit from your will. Also remember that, unlike Polish law, under Norwegian law you cannot disinherit your children. Two-thirds of your estate are reserved for them as the so-called compulsory portion, although this is limited by a cap.

In Poland, the simplest form is a holographic will, where you just need to write the entire will by hand (not on a computer!), sign it, and date it.

This is an issue that often surprises Poles in Norway and requires immediate attention. While in Poland, a person in an informal relationship (cohabitation) does not inherit from their partner by law, even if they have children together, in Norway it is different.

Partners without marriage (Samboere) inherit from each other, but only if they have children together! Otherwise, for the partner to inherit, they must be included in the will.

EXAMPLE I: Ms. Ewa and Mr. Marek lived together for 10 years in a stable relationship, although without children together. They owned a house together in Bergen. Since without a will, partners without children do not inherit in Norway, they prepared mutual wills. They ensured the right to inherit the house for each other. Thanks to this, if Marek passes away, Ewa will stay in her home and will not have to buy out shares from his parents or worry about eviction. This guarantees financial and emotional stability.

EXAMPLE II: Mr. Krzysztof lives in Norway and has adult children from his first marriage, with whom he has a good relationship. In his will, however, he decided to leave the entire free portion of his estate (apart from the compulsory share for the children) to his fiancée, and also allocate part of his assets to his favorite foundation in Poland. The will allowed him to precisely fulfill his wishes regarding his estate, rather than just following standard statutory divisions. As a result, everyone received exactly what he planned, with no disputes or doubts.

If you live in Norway but have Polish citizenship and want your family to have as few problems as possible, Nierzwicki & Bluszko Law Firm recommends taking the following steps:

• Prepare a will, choosing Polish law as the law applicable to your entire estate. This provision must be precise and legally correct!
• Ensure the correct form of the will, which will be valid in both countries (which usually means meeting the stricter Norwegian requirements).
• Remember to protect your partner (samboer) if you do not have children together, by including them in the will.
• Don’t forget about the compulsory share! In Poland, omitting children in the will does not invalidate it, but gives them the right to a so-called compulsory share, i.e., a monetary claim against the heirs.

Don’t risk leaving your family alone with a mountain of paperwork, proceedings, and legal complexities. Advokatfirma Nierzwicki & Bluszko Law Firm has many years of experience handling inheritance cases for Poles in Norway and will help you prepare a document that ensures peace of mind for you and your loved ones.

Do you want to know whether Norwegian law is more advantageous for you than Polish law, or would you prefer your inheritance to be settled under Polish law?

Contact Advokatfirma Nierzwicki & Bluszko Law Firm to schedule a consultation about your case!