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Tweetrapsmaking

English translation: fideicommissum

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Dutch term or phrase:Tweetrapsmaking
English translation:fideicommissum
Entered by: jarry (X)

16:46 May 10, 2009
Dutch to English translations [PRO]
Law/Patents - Law (general) / Wills, testaments, usufruct
Dutch term or phrase: Tweetrapsmaking
This is the text that follows under the heading "Tweetrapsmaking"
Hetgeen ieder van mijn kleinkinderen (hierna te noemen de bezwaarde) van het uit mijn nalatenschap aan hen nagelatene bij hun overlijden onverteerd zal hebben gelaten, zal ten deel vallen aan mijn andere kleinkind (hierna te noemen de verwachter). Indien een verwachter het tijdstip van eht eindigen van het recht van de bezwaarde niet overleeft, treden zijn/haar afstammelingen staaksgewijs in de plaats, ook al bestonden zij nog niet bij mijn overlijden.
So it means that part of the estate that is not consumed by the one heir goes to the other or by decease of this other before it goes to him/her, it will go to his/her children.
Does the English language have a expression for this?
Willemina Hagenauw
Local time: 02:24
fideicommissum
Explanation:
In the civil law (see my comment to my suggested answer for "vruchtgebruik") a species of trust; being a gift of property (usually by will) to a person accompanied by a request or direction of the donor that the recipient will transfer the property to another, the latter being a person not capable of taking directly under the will or gift. (Black's Law Dictionary)

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Note added at 2 days19 hrs (2009-05-13 12:03:13 GMT)
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I ran out of space in the window available for commenting on Bruce's 'dsiagree', so I am repeating the full text here:
I found some time today to go into the translation of "tweetrapsmaking" (the asker's question, let's not forget), and I believe that 'fideicommissum' is spot on. What Bruce suggested as answer is the translation of "staaksgewijs".
Selected response from:

jarry (X)
South Africa
Local time: 03:24
Grading comment
Many thanks!

Willemina
4 KudoZ points were awarded for this answer



Summary of answers provided
4Devolution 'per stirpes'
Bruce Gordon
4 -1fideicommissum
jarry (X)


Discussion entries: 5





  

Answers


16 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
Devolution 'per stirpes'


Explanation:
There are basically 2 ways an estate can devolve to the heirs, either 'per capita' or 'per stirpes'. Imagine the deceased has had 3 children, 2 of whom survive him. The 3rd dies before the testator, but leaves 2 children. Under per capita ('by headcount') devolution, the estate is divided 4 ways - equal shares to the 2 children AND the 2 surviving grandchildren. Under 'per stirpes' devolution ('by branches'), the estate is initially divided 3 ways; the surviving children get a third each and the 2 grandchildren, representing their (pre-)deceased parent, get one sixth each. Per stirpes is often regarded as fairer, certainly by children who would otherwise have their share reduced significantly, depending on the number of surviving grandchildren of a predeceased sibling! This explanation is a bit complicated, but so is the concept. I hope it's clear enough.

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Note added at 19 hrs (2009-05-11 11:51:55 GMT)
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See also http://www.interinheritance.co.uk/glossary/p/per-stirpes.htm... or the wikipedia article, which contains reasonably good definitions and diagrams, at http://en.wikipedia.org/wiki/Per_stirpes. Not at all confined to intestacy cases.

Bruce Gordon
United Kingdom
Local time: 02:24
Specializes in field
Native speaker of: English
PRO pts in category: 28

Peer comments on this answer (and responses from the answerer)
disagree  jarry (X): Hi Bruce (andsorry I called you Gordon) Ifound some time today to go into the translation of "tweetrapsmaking" (the asker's question don't forget), and I believe that 'fideicommissum' is spot on. What you suggested as answer is the translation of "
2 hrs
  -> I dealt with estates for 25 years as a lawyer before I turned to translation, so I know what I'm talking about! Per stirpes/per capita is a METHOD of distribution, which is applied by law on intestacy, but also correctly describes this testate scheme.
agree  Kate Hudson (X): @ Jarry see http://en.wikipedia.org/wiki/Per_stirpes
3 hrs
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18 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
fideicommissum


Explanation:
In the civil law (see my comment to my suggested answer for "vruchtgebruik") a species of trust; being a gift of property (usually by will) to a person accompanied by a request or direction of the donor that the recipient will transfer the property to another, the latter being a person not capable of taking directly under the will or gift. (Black's Law Dictionary)

--------------------------------------------------
Note added at 2 days19 hrs (2009-05-13 12:03:13 GMT)
--------------------------------------------------

I ran out of space in the window available for commenting on Bruce's 'dsiagree', so I am repeating the full text here:
I found some time today to go into the translation of "tweetrapsmaking" (the asker's question, let's not forget), and I believe that 'fideicommissum' is spot on. What Bruce suggested as answer is the translation of "staaksgewijs".

jarry (X)
South Africa
Local time: 03:24
Specializes in field
Native speaker of: English
PRO pts in category: 334
Grading comment
Many thanks!

Willemina

Peer comments on this answer (and responses from the answerer)
disagree  Bruce Gordon: Sorry, Jarry, but I think you may have misunderstood the concept as described in the source text. Not a question of a trust, but a straighforward, direct bequest to substitute beneficiaries, even if not yet born when the testator dies.
2 hrs
  -> Hi Bruce (and sorry I called you Gordon) I found some time today to go into the translation of "tweetrapsmaking" (the asker's question don't forget), and I believe that 'fideicommissum' is spot on. Your suggested answer is the translation of "staak
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