Glossary entry (derived from question below)
Polish term or phrase:
testament allograficzny
English translation:
allographic will / nuncupative will by public act
Added to glossary by
mike23
Feb 18, 2023 17:23
1 yr ago
16 viewers *
Polish term
testament allograficzny
Polish to English
Law/Patents
Law (general)
środki zapewniające bezpieczeństwo obrotu poprzez zakaz korzystania przez osoby niepełnosprawne z określonych instytucji prawnych ze względu na niezdolność do prawidłowej realizacji celów tych instytucji, przykładowo zakazy adresowane do osób głuchych i niemych, które nie mogą sporządzić testamentu allograficznego (art. 951 § 3 k. c.) czy przepisy o niezdolności do bycia świadkiem przy sporządzaniu testamentu (art. 956 k. c.)
Proposed translations
(English)
| 3 | allographic wil |
mike23
|
| 2 | Non-Holographic Last Will and Testament |
Adrian MM.
|
| 1 | self-proving will |
geopiet
|
Change log
Feb 20, 2023 14:46: mike23 Created KOG entry
Proposed translations
2 hrs
Selected
allographic wil
allographic wil
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Note added at 2 hrs (2023-02-18 20:11:06 GMT)
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Opcja 2: a nuncupative will by public act
Taka wersja jest w tłum. KC wyd. CH Beck
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Note added at 2 hrs (2023-02-18 20:15:13 GMT)
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Forms of Will
A will can be drawn up in the following forms:
• As a ‘notarial deed’ (Article 950 of the Polish Civil Code and provisions of the Notarial Profession Act – Articles 79-95)
• As a will written ‘by hand (holographic)’ (the following elements are necessary to make the will valid: written entirely by hand, dated, and signed by hand) (Article 949 (1) C.C.)
• ‘Nuncupative will by public act’, a will made orally in the presence of a person holding public functions and two witnesses (Article 951 C.C.)
https://www.fomentonet.eu/wp-content/uploads/2018/09/FOMENTO...
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Note added at 13 hrs (2023-02-19 06:46:48 GMT)
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Allographic will – it has to be drawn up orally before the head of municipality (mayor, or president of a town), district chief executive, president of province, secretary of a district or municipality or a register, in the presence of two witnesses. The declaration of the decedent shall be made in the form of minutes with the date of drawing them up provided.
http://eureseau.com/practice-areas/inheritance/inheritance-p...
Proceeding to set aside order allowing registration of nuncupative will by public act and codicil thereto. The Civil District Court for the Parish of Jefferson, No. 53-713, Frederick J.R. Heebe, J., recalled order, and an appeal was taken. The Court of Appeal, Joe R. Vidrine, J., held that nuncupative will by public act and codicil thereto, which recited that they were dictated by testator and were written by notary as directed, but which did not indicate that they were read to testator in presence of witnesses, were invalid.
https://casetext.com/case/succession-of-pizani
There a "nuncupative will by public act," the most formal of the Louisiana testaments
...
The nuncupative will by public act is dictated by the testator to a notary in the presence of three or, if the testator is a non-resident, five witnesses. The will must be signed by the testator or if he is unable, the reason therefor must be set forth in the notarial act embodying the will. Witnesses must also sign. The entire transaction must be consummated at one time without interruption. La. Civil Code (Dart, 1932), §§ 1578-1580.
https://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?arti...
--------------------------------------------------
Note added at 2 hrs (2023-02-18 20:11:06 GMT)
--------------------------------------------------
Opcja 2: a nuncupative will by public act
Taka wersja jest w tłum. KC wyd. CH Beck
--------------------------------------------------
Note added at 2 hrs (2023-02-18 20:15:13 GMT)
--------------------------------------------------
Forms of Will
A will can be drawn up in the following forms:
• As a ‘notarial deed’ (Article 950 of the Polish Civil Code and provisions of the Notarial Profession Act – Articles 79-95)
• As a will written ‘by hand (holographic)’ (the following elements are necessary to make the will valid: written entirely by hand, dated, and signed by hand) (Article 949 (1) C.C.)
• ‘Nuncupative will by public act’, a will made orally in the presence of a person holding public functions and two witnesses (Article 951 C.C.)
https://www.fomentonet.eu/wp-content/uploads/2018/09/FOMENTO...
--------------------------------------------------
Note added at 13 hrs (2023-02-19 06:46:48 GMT)
--------------------------------------------------
Allographic will – it has to be drawn up orally before the head of municipality (mayor, or president of a town), district chief executive, president of province, secretary of a district or municipality or a register, in the presence of two witnesses. The declaration of the decedent shall be made in the form of minutes with the date of drawing them up provided.
http://eureseau.com/practice-areas/inheritance/inheritance-p...
Proceeding to set aside order allowing registration of nuncupative will by public act and codicil thereto. The Civil District Court for the Parish of Jefferson, No. 53-713, Frederick J.R. Heebe, J., recalled order, and an appeal was taken. The Court of Appeal, Joe R. Vidrine, J., held that nuncupative will by public act and codicil thereto, which recited that they were dictated by testator and were written by notary as directed, but which did not indicate that they were read to testator in presence of witnesses, were invalid.
https://casetext.com/case/succession-of-pizani
There a "nuncupative will by public act," the most formal of the Louisiana testaments
...
The nuncupative will by public act is dictated by the testator to a notary in the presence of three or, if the testator is a non-resident, five witnesses. The will must be signed by the testator or if he is unable, the reason therefor must be set forth in the notarial act embodying the will. Witnesses must also sign. The entire transaction must be consummated at one time without interruption. La. Civil Code (Dart, 1932), §§ 1578-1580.
https://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?arti...
Peer comment(s):
| neutral |
tabor
: why wil?
3 hrs
|
|
I see it. It is misspelt in the headline only, it's correct further down though, sorry.
|
4 KudoZ points awarded for this answer.
Comment: "Dziękuję."
1 hr
self-proving will
.
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Note added at 1 hr (2023-02-18 18:55:48 GMT)
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- https://krzeszewski.com/testament-allograficzny-co-to-jest-j...
- https://trustandwill.com/learn/self-proving-affidavit
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Note added at 1 hr (2023-02-18 18:55:48 GMT)
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- https://krzeszewski.com/testament-allograficzny-co-to-jest-j...
- https://trustandwill.com/learn/self-proving-affidavit
7 hrs
Adrian MM.
Austria
Austria
Native in English
Specializes in field
Austria
Retd.T&I, Barrister & Austro-Advokat
Native in: English (Variants: British, Scottish) 
Works in: Spanish to English, English to Spanish, French to English, and 5 more.
Related KudoZ points
:
16
Non-Holographic Last Will and Testament
I can't recall any reference in the UK Wills Act 1837 to an 'allographic Will'. Nor is that term contained in any Anglo-Americna Law Dictionary I have to hand: L.B. Curzon English Law or Barron's US American Law.
I think it would be categorised as a non-holographic and self-acknowledged Will, so one 'acknowledged by the testator or testatrix as his or her own to witnesses NB is the legalistic definition of 'publication' of a Will and does not square with the publicising or registration of such (even the UK Government probate website misues the term of 'publishing' a Will).
I think it would be categorised as a non-holographic and self-acknowledged Will, so one 'acknowledged by the testator or testatrix as his or her own to witnesses NB is the legalistic definition of 'publication' of a Will and does not square with the publicising or registration of such (even the UK Government probate website misues the term of 'publishing' a Will).
Example sentence:
There are two types of wills: (1) holographic and (2) non-holographic. Non-holographic – or typed, witnessed and attested wills – are the most common and the type that people are most familiar with.
USA: Generally, there is no “publication” requirement (i.e., there is no requirement that the witnesses know they are attesting witnesses to a will) in most states.
Reference:
http://hooklaw.net/blog/the-dangers-of-holographic-handwritten-wills/
http://www.legislation.gov.uk/ukpga/Will4and1Vict/7/26/section/13
Discussion
Holographic wills. These are handwritten by the testator. A holographic will is valid in relation to form if it is entirely handwritten and signed by the testator.
Allographic wills. These are written by a person other than the testator. An allographic will (generally a typewritten will) must be signed by the testator in the contemporaneous presence of two witnesses or, if signed previously, the testator must declare the signature to be his or her own before two witnesses in their contemporaneous presence. The witnesses must sign the will indicating their capacity as such.
Private wills deposited with a notary. For a private will deposited with a notary public to be valid, the testator himself or herself must sign the will, then deposit it personally with a notary public, specifically marked as a will.
A written will can be made only in a language that the testator can understand and in which he or she can write (in case of a holographic will) or read (in the case of an allographic will). Wills drafted in shorthand or another symbol or code writing other than normal writing are invalid.
- www.t.ly/hu_q