POLAND Law and Practice Contributed by: Wiesław Oleś, Krzysztof Rysz, Joanna Sarkowicz and Kamil Kania, Oleś, Rysz, Sarkowicz
over the most important decisions through carefully drafted fund statutes while ensuring that day-to-day operations are handled by professional fund manag-
Financial Supervisory Authority and limited flexibility regarding management appointments. Agricultural Land and Registry Delays The inheritance of agricultural land is strictly regulated under the Act on the Shaping of the Agricultural Sys- tem, granting the state a right of buyout if an heir is not an “individual farmer”. Identifying the legal sta- tus of real estate early is a critical component of risk mitigation in Polish succession planning. Additionally, prolonged registration periods in the National Court Register and Land and Mortgage Register can delay management changes or asset sales even after inher- itance is confirmed. 7. Succession of Digital Assets 7.1 Legal Framework Absence of Specific Digital Asset Regulation Poland lacks a dedicated legal definition of “digital assets” or specialised regulations governing their suc- cession. Instead, their legal status is determined by qualifying them into existing categories within the Civil Code, supplemented by the Consumer Rights Act’s definition of “digital content” as data produced and supplied in digital form. Digital assets are inheritable like any other assets, provided that they are of a civil- law and economic nature, are not strictly personal, and do not pass to specific individuals independently of their heir status. Succession of Virtual Assets Virtual assets such as cryptocurrencies and NFTs are generally classified as “other property rights” and are subject to standard succession rules. While the Anti- Money Laundering Act provides a technical definition of “virtual currency”, it has no direct application to civil succession matters. Email accounts and social media profiles represent a complex mixture of inheritable property rights and non-inheritable personal interests protected under the Civil Code. While the economic value of high-reach social media accounts may be considered part of the estate, personal attributes such as image, name and privacy do not pass on to the heirs, who may only
ers from an investment fund company. 6.2 Tax and Regulatory Constraints Tax Exemptions
The Polish tax system provides full exemption from inheritance and gift tax for Group 0, which includes the closest family members. As a result of the fact that inter vivos gifts do not provide any significant tax ben- efits compared to testamentary dispositions, many owners prefer to retain full control over their assets during their lifetime. Furthermore, for this reason, there is generally no need to create complex structures to optimise inheritance taxation. Formal Proof of Inheritance and Ownership Rights Regardless of whether succession is testate or intestate, a successor must formally establish legal standing before third parties including banks, port- folio companies, registration courts and commercial contractors. Until a formal confirmation of inheritance is presented (see 3.1 Intestate Succession ), the exer- cise of asset ownership rights – including company shareholder’s rights – remains blocked. This can para- lyse the management of an estate during the initial months following the owner’s death. Unlike this tradi- tional succession, assets held by a family foundation or a closed-end investment fund ensure uninterrupted business continuity because legal ownership remains with the entity rather than the individual. This struc- tural separation allows operational control and voting rights to remain unhindered, effectively bypassing the procedural requirement to formally prove title during the probate period. Regulatory and Administrative Challenges for Family Foundations and Closed-End Investment Funds While family foundations offer continuity, they are cur- rently subject to regulatory fluidity and ongoing legis- lative debates regarding tax amendments. Significant practical hurdles also exist in the registration process, with waiting periods at the registration court in early 2026 often exceeding one year. Similarly, closed-end investment funds face heavy regulatory burdens, including mandatory periodic reporting to the Polish
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