Why Poland’s Veto Leaves Unmarried Partners Legally Vulnerable

President Karol Nawrocki’s veto of the ‘status of the nearest person’ bill means that, in Poland, unmarried couples still do not receive the automatic legal protections that married spouses enjoy. After the decision, partners living together without a marriage certificate remain strangers in the eyes of inheritance law, medical privacy rules, and burial rights.

Under the current Civil Code, a surviving partner has no statutory right to inherit even if the couple shared a home and finances for decades. Without a will, the entire estate passes to the deceased’s children, parents, or more distant relatives. The veto also preserves a system in which partners cannot automatically obtain medical information about each other, make treatment decisions, or even organise a funeral without a written statement.

For thousands of Polish cohabiting couples, the message is now unambiguous: they must act proactively to fill the legal void. As family and inheritance law specialist Aleksandra Przecherska-Baranowska puts it, “the problem only appears the moment one partner dies or becomes seriously ill.” The following analysis explains the key risks and the specific documents that can mitigate them.

Where the Legal Gaps Hurt Most—and What They Really Cost

Inheritance tax trap and the children dilemma

Naming a partner as an heir is not the end of the story. While a notarial will can secure the transfer, the surviving partner is placed in the third tax group, with inheritance tax rates that can reach 20% on amounts exceeding certain thresholds. An apartment worth PLN 600,000 could thus trigger a tax bill of tens of thousands of złoty. By contrast, an estate left to the couple’s own children benefits from the close-family exemption, but if the children are minors, the surviving parent cannot freely use the money. Any major expenditure—such as selling the family home—requires a court guardian’s consent, effectively freezing access to the inherited assets. Couples must therefore choose between a heavy tax burden on the partner and rigid control over funds for the children.

How a specific bequest (zapis windykacyjny) cuts through red tape

A powerful but underused tool allows a testator to bequeath a specific item—a flat, a car, an investment account—directly to a named person, with the transfer taking effect automatically upon death. This bypasses the usual inheritance division process. For cohabiting couples, the device is especially practical: one partner can secure the shared home for the survivor while leaving the remainder of the estate to children or other relatives under different rules.

Medical information and burial decisions remain blocked unless you act

Being a life partner does not guarantee access to a loved one’s health status. Polish hospitals and clinics require a written authorisation, ideally prepared in advance and stored with essential documents. Even then, the authorisation does not confer the right to make treatment decisions—an issue that also affects spouses, as Polish law has no binding ‘living will’ equivalent. For burial, the surviving partner has no automatic priority; a signed statement of preferences is the only way to avoid the family of the deceased imposing a different funeral arrangement.

Bank accounts, insurance, and joint property: the everyday safety net

A standard power of attorney over a bank account lets a partner pay bills and manage day-to-day finances, but it expires upon death and does not grant ownership. To provide immediate liquidity after a death, naming the partner as the beneficiary of a life insurance policy is crucial—payouts bypass the estate and reach the partner quickly. Equally important, couples who buy property together should record their respective financial contributions in the notarial deed and keep records of mortgage payments and renovation costs. This avoids a situation where the partner ends up with a smaller stake than they actually paid for.

Essential Documents and Arrangements to Protect Your Partner Now

  • Make a notarial will. A notary-drafted testament is the hardest to challenge and the clearest way to name your partner as heir. Without it, Polish law directs your entire estate to relatives.
  • Use a specific bequest (zapis windykacyjny) for the family home. If you want your partner to keep the apartment without waiting for the estate to be settled, list it explicitly in the will as a windykacyjny transfer.
  • Grant a broad notarial power of attorney. This lets your partner handle administrative matters, sign documents, and even sell property while you are alive and incapacitated.
  • Authorise medical information access in writing. Sign a document allowing doctors to share your health status with your partner. Keep it with your ID and inform your family where it is stored.
  • State your burial wishes in a signed declaration. Indicate your preference for burial or cremation and name the person you want to organise the ceremony, to reduce family disputes.
  • Name your partner as life insurance beneficiary. The payout goes directly to the named person, outside the estate, providing fast financial support without inheritance tax.
  • Document joint property contributions from day one. When buying a home together, specify ownership shares in the notarial deed and keep records of mortgage payments and renovation costs to reflect the true financial split.
  • Check workplace and retirement accounts. Employee pension programs, group insurance, and some investment products may allow you to designate a beneficiary—update those forms to include your partner.