Subjective-individual interpretation of the will — gloss to the resolution of the Supreme Court of February 26, 2021, III CZP 24/20

Abstract

The subject of the study is the assessment of the position expressed by the Supreme Court on the basis of the case III CZP 24/20. This position concerns an extremely important, especially from a practical point of view, issue related to the correct interpretation of a will. As rightly pointed out by the Supreme Court in the justification of the voted resolution, such an interpretation, in order to reflect the actual will of the testator, must take into account external circumstances that accompanied the author of the declaration of the last will at the time of his legal act mortis causa.