POLAND Law and Practice Contributed by: Wiesław Oleś, Krzysztof Rysz, Joanna Sarkowicz and Kamil Kania, Oleś, Rysz, Sarkowicz
The Family Foundation as the Primary Vehicle The Polish family foundation is the closest local equiv- alent to a trust and has become the primary vehicle for multi-generational wealth planning. Unlike a com- mon law trust, the foundation possesses its own legal personality, providing a robust framework for asset protection and a clear separation of ownership from the founder’s personal estate. It allows for highly flex- ible governance through a management board and an assembly of beneficiaries, enabling founders to pro- fessionalise management while securing family wealth under a favourable tax regime designed for capital accumulation. 9.2 Recent Developments Affecting Planning Vehicles Evolution of the Family Foundation Tax Regime The most significant development in recent years remains the introduction of the family foundation, which has now entered a phase of regulatory matura- tion. While the core succession-oriented essence of the foundation remains secure, there is an ongoing legislative and judicial debate regarding the tighten- ing of tax regulations to prevent the vehicle’s use for aggressive tax optimisation. In 2026, the focus has shifted from initial registrations to operational compli- ance, with tax authorities increasingly scrutinising the “business justification” of asset transfers to ensure they serve genuine long-term succession goals. Modernisation of Closed-End Investment Funds Legislative efforts are currently underway to reduce the administrative formalities and operational costs associated with closed-end investment funds. These reforms aim to make closed-end investment funds more competitive by simplifying reporting require- ments, though they are not expected to alter the fundamental legal characteristics that make them attractive for succession planning. For high net worth families, these changes may lower the barrier to entry for utilising regulated fund structures as a complement to, or an alternative to, family foundations in consoli- dating liquid wealth. Digital Assets and Transparency Standards The year 2026 is defined by ongoing legislative work to achieve the full implementation of the MiCA regu- lation and the DAC8 directive, aimed at increasing
regulatory oversight of digital assets in Poland. These upcoming frameworks are intended to standardise the reporting of crypto-asset holdings, eventually provid- ing heirs and tax authorities with a more stable legal basis for the valuation and transfer of digital estates. Although the implementation process introduces additional compliance burdens, the finalised rules are expected to reduce the legal uncertainty that previ- ously complicated the inclusion of virtual currencies in succession plans. Growing Emphasis on Family Governance Beyond statutory changes, there is a visible trend among Polish business families towards adopting non-binding “family constitutions” to supplement legal structures. As the first generation of founders completes the transfer of assets to foundations, there is a rising awareness that legal vehicles alone cannot prevent interpersonal conflicts without a clear set of shared values and transition rules. This shift towards “soft” governance reflects a growing sophistication in the market, where the focus is increasingly on the long-term sustainability of both the business and the family legacy. 10. Fiduciary Regulation, Standards and Taxation 10.1 Corporate and Professional Fiduciaries The Absence of Common Law Trusts Poland is a civil law jurisdiction and does not recognise the legal institution of a trust or professional trustees in the common law sense. Consequently, fiduciary- like functions are distributed among specific statutory roles, including executors of wills, succession manag- ers, and board members of family foundations. These roles are characterised by a personal nature; currently, Polish law does not permit “private trust companies” or other corporate entities to fulfil these functions, requiring instead that they be performed by natural persons with full legal capacity. Executors of Wills An executor’s primary role is to manage the estate and ensure the fulfilment of testamentary provisions. While no public licence is required, executors are held to a high standard of due diligence, which is further
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