Gloss to the Resolution of the Supreme Court of 26 February 2021, III CZP 24/20 [on the Interpretation of the Will]

The resolution with gloss concerns the rules for interpreting a will. Supreme Court stated in it that an interpretation of will should be performed taking into account all circumstances, including those external to and using means evidence. decided is court adjudicating case inheritance acquisition, assessing evidence gathered specific case, assess whether actually possible establish testator. author accepts thesis resolution, but argues position contained its justification only assessment constitute instrument allowing one testator’s In opinion functional Art. 948 Polish Civil Code (k.c.) indicates limits After this process renders determine manner does not raise any doubts. Therefore, if such fails secure degree certainty, even despite positive state has been acquired under Act.