Nov 15, 2022 12:46
1 yr ago
11 viewers *
English term

absent execution of this disclosure acknowledgment

English to Polish Law/Patents Law (general)
Prior to signing my will, I was informed that:

(i) subject to limited statutory exceptions, any person, including my
spouse, my child, a friend or associate, or an attorney, is eligible to
serve as my executor;

(ii) absent an agreement to the contrary, any person, including an
attorney, who serves as an executor for me is entitled to receive
statutory commissions for executorial services rendered to my estate;

(iii) absent execution of this disclosure acknowledgment, the attorney
who prepared the will, a then affiliated attorney, or an employee of
such attorney or a then affiliated attorney, who serves as an executor
shall be entitled to one-half the commissions he or she would otherwise
be entitled to receive; and

(iv) if such attorney serves as my executor, and he or she or another
attorney affiliated with such attorney renders legal services in
connection with the executor's official duties, he or she is entitled to
receive just and reasonable compensation for those legal services, in
addition to the commissions to which an executor is entitled.

______________________ _________________________

(Witness) (Testator)

Discussion

Leszek Pietrucha Nov 17, 2022:
IMHO execution nie koniecznie oznacza wykonanie. Execution w kontekście umów i dokumentów to podpisanie (w skrócie) a właściwie dokonanie wszelkich czynności formalnych aby dokumentowi nadać moc/skutki prawne czyli czasem też opieczętowanie lub nawet poświadczenie przez świadków

Proposed translations

+1
1 hr
Selected

w przypadku braku wykonania niniejszego potwierdzenia ujawnienia

może taka wersja?
Peer comment(s):

agree Frank Szmulowicz, Ph. D.
15 mins
Dziękuję bardzo, Frank :)
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "I decided to use this suggestion. Dziękuję, Bajbus. Dziękuję, Kamilo."
+1
4 mins

w przypadku braku wykonania uznania tego ujawnienia

tak
Peer comment(s):

agree Frank Szmulowicz, Ph. D. : U nas jeszcze jest przedpołudnie.
1 hr
Dziękuję! Jeszcze raz, miłego popołudnia!
Something went wrong...

Reference comments

3 hrs
Reference:

Acknowledgment of Disclosure

Testator's Acknowledgment of Disclosure
(Writing Subsequent to Will Execution) (NY)

Summary
This template is a required testator disclosure acknowledgement for use when the drafting attorney, an affiliated attorney, or an employee of the drafting attorney is designated as executor of a client’s estate. This template follows New York law and tracks the model form set forth in N.Y. Surr. Ct. Proc. Act § 2307-a(3)(a), as amended by 2004 N.Y. Laws 704. This template includes practical guidance and a drafting note. In the absence of this acknowledgement of disclosure document, an executor who is the drafting attorney, an affiliated attorney, or an employee of the drafting attorney is only entitled to one-half of the statutory commission, as well as legal fees. This is to protect clients from attorneys who might otherwise try to influence a client to choose the attorney as executor without the client knowing that almost anyone is qualified to serve as executor and that if the attorney serves as executor he or she is entitled to both the commission for services performed as executor...
Something went wrong...
Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search