POLAND Law and Practice Contributed by: Wiesław Oleś, Krzysztof Rysz, Joanna Sarkowicz and Kamil Kania, Oleś, Rysz, Sarkowicz
Kancelaria Radców Prawnych Oleś, Rysz, Sarkowicz sp.k. Wadowicka 3C
30-347 Krakóv Poland Tel: +12 428 06 30 Email: kancelaria@oles.com.pl Web: oles.com.pl/en/
1. Contemporary Cultural Considerations in Succession Planning 1.1 Social and Cultural Attitudes The First Generational Transfer Poland is currently undergoing its first significant modern generational wealth transfer as the “founder generation” that emerged after the economic transfor- mation of the 1990s approaches retirement age. This shift has changed succession planning from a distant consideration into an actual business necessity. Dec- ades of a state-controlled economy previously dis- rupted family traditions and eliminated ancestral for- tunes. Consequently, the jurisdiction is still developing the judicial precedents and legal scholarship that are already well established in Western European models. Evolving Strategies Planning strategies are evolving from simple testa- mentary dispositions towards more sophisticated wealth management structures. The 2023 introduc- tion of the Polish family foundation ( fundacja rodzinna ) has provided a systemic vehicle for long-term asset protection and professionalised continuity. Modern planning must now account for increased internation- al mobility, as many successors reside abroad while overseeing domestic assets within the EU regulatory framework. These structures increasingly need to address the complexities of blended family dynamics
This preference for continued oversight is frequently coupled with a traditional scepticism regarding the delegation of authority to external professional fidu- ciaries. Effective succession models in Poland now focus on balancing founders’ desire for long-term influence with the practical autonomy required by the next generation. 1.2 Wealth Profiles and Industry Influences First-Generation Wealth Wealth in Poland is predominantly a first-generation phenomenon, meaning the jurisdiction lacks estab- lished “old money” traditions of intergenerational wealth management. Family wealth, rather than con- sisting of diversified portfolios, is typically concentrat- ed in one core asset – such as single- or dual-owner structures around a primary operational company. As these frequently include siblings or spouses as co-owners, succession planning must additionally address complex dynamics between various family branches and corporate structures rather than focus- ing solely on linear parent-to-children transitions. Fur- thermore, many small and medium-sized enterprises still operate as sole proprietorships, which presents distinct legal and operational challenges during the estate transition process. Industry-Specific Planning Considerations The diversity of the Polish economy requires tailored succession approaches to ensure that legal solutions match the operational needs of specific sectors. Key industries include manufacturing and processing – specifically food, furniture or building materials – as well as construction, logistics, and a robust IT sec- tor. Effective planning in these areas often involves
and cross-border compliance. The Founder’s Perspective
Polish entrepreneurs often maintain a strong per- sonal identity with their businesses, which can lead to a reluctance to relinquish operational influence.
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