Where to establish a family foundation: in the Fourth Republic of Poland or in the Principality of Liechtenstein?

The introduction of the Family Foundation Act in Poland has given Polish entrepreneurs a new option for asset protection and succession planning. However, the question remains: is it better to establish a family foundation in Poland or in the Principality of Liechtenstein?

Poland – advantages:

  • Lower establishment costs
  • No need for foreign advisors
  • Familiar legal system
  • Tax exemptions on certain income

Poland – disadvantages:

  • Legal instability and frequent changes
  • Already signaled tax law changes within months of enactment
  • Judicial system challenges (backlogs, quality concerns)
  • Limited track record (new institution)

Liechtenstein – advantages:

  • Nearly 100 years of stable foundation law
  • Specialized, efficient judiciary
  • Strong privacy protections
  • International recognition and enforceability
  • AAA-rated jurisdiction
  • Proven track record in asset protection

Liechtenstein – disadvantages:

  • Higher establishment and maintenance costs
  • Need for local qualified persons on the foundation council
  • Geographic distance

My recommendation

For genuine, long-term asset protection and succession planning – where the primary goal is security and stability – Liechtenstein remains the clear choice. For entrepreneurs seeking primarily domestic tax benefits with modest asset protection, Poland may suffice – but with the caveat that the regulatory environment may change at any time.

As I always tell my clients: a family foundation is a multi-generational decision. Choose the jurisdiction that will still be stable and predictable when your grandchildren need it.

Paweł Osiński

Attorney, expert in family foundations in Poland and Liechtenstein