This site uses cookies. Some of these cookies are essential to the operation of the site, while others help to improve your experience by providing insights into how the site is being used. For more information, please see the ProZ.com privacy policy.
Cookie settings
  1. KudoZ™ Top
  2. English to German

forced heirship

German translation: Pflichtteilsbestimmungen

04:40 Jun 23, 2001
English to German translations [PRO]
Bus/Financial
English term or phrase: forced heirship
The bank accepts no responsibility for advice concerning the tax and legal consequences (incl. inheritance or forced heirship provisions).
sabine64
Local time: 02:47
German translation:Pflichtteilsbestimmungen
Explanation:
"forced heirship": Pflichtteil/Pflichtteilsrecht

"forced heirship provisions": Pflichtteilsbestimmungen

The concept of a legally protected portion is not only known in Austria in Germany.
In some English-speaking countries it is known as "forced heirship".
In certain countries (In the US eg the state of Louisiana, also the Bermudas etc.) the law stipulates to a considerable degree how an individual may bequeath his or her assets.

For example, the law may decree that a certain minimum percentage of the estate must pass to the legal wife, another minimum percentage to each legitimate child, another minimum percentage to each common-law wife, and yet another minimum percentage to each ‘natural’ child (i.e., an acknowledged child born outside formal wedlock.)

Even in countries where such statutory stipulations are not in place, a Will favouring one party over or excluding another can be contested in court – a costly exercise which may take years to resolve, and might be decided against your wishes.

Assets held in a properly-established Trust are virtually immune from such litigation and can be distributed entirely according to the Settlor’s wishes.

Under the terms of the Settlor's Letter of Wishes, the assets would be transferred to the beneficiaries automatically, and are totally confidential from examination by any third party.

For these and other reasons many individuals with substantial assets (cash, fixed-term deposits, unit trusts, stocks & shares, life insurance, real estate) nowadays choose to remove the uncertainty by creating an offshore trust & company structure as part of their overall approach to financial and estate planning.
Selected response from:

Petra Dr. Schmidt-Sarbutt
Australia
Local time: 11:47
Grading comment
Thank you very much for the very detailed answer - it is exactly the word I was looking for but could not remember!
4 KudoZ points were awarded for this answer



Summary of answers provided
na +1Pflichtteilsbestimmungen
Petra Dr. Schmidt-Sarbutt
naZwangserbschaft
Florin Badea
naPflichtteilsvorkehrungen/Pflichtteil
GUSTL
naPflichtteilsbestimmungen
Petra Dr. Schmidt-Sarbutt
naPflichtteilsbestimmungen
Petra Dr. Schmidt-Sarbutt


  

Answers


28 mins peer agreement (net): +1
Pflichtteilsbestimmungen


Explanation:
Im US Recht:
Pflichtteilsbestimmungen
Alternativ auch mgl., aber weniger gut: Noterbbestimmungen.


    various legal dictionaries
Petra Dr. Schmidt-Sarbutt
Australia
Local time: 11:47
Native speaker of: Native in GermanGerman
PRO pts in pair: 48

Peer comments on this answer (and responses from the answerer)
pds: Correct answer.
11 hrs
AlamoThom (X)
19 hrs
agree  arabin: I found the same translation in Dietls legal dictionary.
1 day 20 hrs
Login to enter a peer comment (or grade)

29 mins
Zwangserbschaft


Explanation:
I think this is the term you're looking for!
Hth


    Reference: http://dict.leo.org
Florin Badea
Romania
Local time: 04:47
Native speaker of: Native in RomanianRomanian, Native in GermanGerman
PRO pts in pair: 10

Peer comments on this answer (and responses from the answerer)
Petra Dr. Schmidt-Sarbutt
pds: There is no such term!
11 hrs
Login to enter a peer comment (or grade)

2 hrs
Pflichtteilsvorkehrungen/Pflichtteil


Explanation:
you can use either terms (also Pflichtteil alone)

expl. in German:

Der Pflichtteil (§ 2303 ff. BGB)



Jeder kann seinen nächsten Angehörigen durch ein Testament enterben. Der Gesetzgeber läßt die Enterbung aber nur innerhalb gewisser Grenzen, nämlich den Pflichtteil, zu.

Pflichtteilberechtigte Personen sind nur der Abkömmling des Erblassers, dessen Eltern und der Ehegatte. Sie erhalten einen Geldanspruch gegen den testamentarischen Erben in Höhe der Hälfte des Wertes des gesetzlichen Erbteils.



http://www.rechtsanwalt-eder.de/html/erbrecht2.html

(I thought the term of Pflichtteil is only known in German/Austrian legal contexts...)

good luck


    see above
GUSTL
Local time: 03:47
PRO pts in pair: 92

Peer comments on this answer (and responses from the answerer)
Vesna Zivcic
6 hrs
pds: Has already been said. Why do you repeat? Irrelevant quote.
9 hrs
Login to enter a peer comment (or grade)

11 hrs
Pflichtteilsbestimmungen


Explanation:
"forced heirship": Pflichtteil/Pflichtteilsrecht

"forced heirship provisions": Pflichtteilsbestimmungen

The concept of a legally protected portion is not only known in Austria in Germany.
In some English-speaking countries it is known as "forced heirship".
In certain countries (In the US eg the state of Louisiana, also the Bermudas etc.) the law stipulates to a considerable degree how an individual may bequeath his or her assets.

For example, the law may decree that a certain minimum percentage of the estate must pass to the legal wife, another minimum percentage to each legitimate child, another minimum percentage to each common-law wife, and yet another minimum percentage to each ‘natural’ child (i.e., an acknowledged child born outside formal wedlock.)

Even in countries where such statutory stipulations are not in place, a Will favouring one party over or excluding another can be contested in court – a costly exercise which may take years to resolve, and might be decided against your wishes.

Assets held in a properly-established Trust are virtually immune from such litigation and can be distributed entirely according to the Settlor’s wishes.

Under the terms of the Settlor's Letter of Wishes, the assets would be transferred to the beneficiaries automatically, and are totally confidential from examination by any third party.

For these and other reasons many individuals with substantial assets (cash, fixed-term deposits, unit trusts, stocks & shares, life insurance, real estate) nowadays choose to remove the uncertainty by creating an offshore trust & company structure as part of their overall approach to financial and estate planning.



    lawyer
Petra Dr. Schmidt-Sarbutt
Australia
Local time: 11:47
Native speaker of: Native in GermanGerman
PRO pts in pair: 48
Grading comment
Thank you very much for the very detailed answer - it is exactly the word I was looking for but could not remember!
Login to enter a peer comment (or grade)

11 hrs
Pflichtteilsbestimmungen


Explanation:
"forced heirship": Pflichtteil/Pflichtteilsrecht

"forced heirship provisions": Pflichtteilsbestimmungen

The concept of a legally protected portion is not only known in Austria in Germany.
In some English-speaking countries it is known as "forced heirship".
In certain countries (In the US eg the state of Louisiana, also the Bermudas etc.) the law stipulates to a considerable degree how an individual may bequeath his or her assets.

For example, the law may decree that a certain minimum percentage of the estate must pass to the legal wife, another minimum percentage to each legitimate child, another minimum percentage to each common-law wife, and yet another minimum percentage to each ‘natural’ child (i.e., an acknowledged child born outside formal wedlock.)

Even in countries where such statutory stipulations are not in place, a Will favouring one party over or excluding another can be contested in court – a costly exercise which may take years to resolve, and might be decided against your wishes.

Assets held in a properly-established Trust are virtually immune from such litigation and can be distributed entirely according to the Settlor’s wishes.

Under the terms of the Settlor's Letter of Wishes, the assets would be transferred to the beneficiaries automatically, and are totally confidential from examination by any third party.

For these and other reasons many individuals with substantial assets (cash, fixed-term deposits, unit trusts, stocks & shares, life insurance, real estate) nowadays choose to remove the uncertainty by creating an offshore trust & company structure as part of their overall approach to financial and estate planning.



    lawyer
Petra Dr. Schmidt-Sarbutt
Australia
Local time: 11:47
Native speaker of: Native in GermanGerman
PRO pts in pair: 48
Login to enter a peer comment (or grade)



Login or register (free and only takes a few minutes) to participate in this question.

You will also have access to many other tools and opportunities designed for those who have language-related jobs (or are passionate about them). Participation is free and the site has a strict confidentiality policy.

Return to KudoZ list

KudoZ™ translation help

The KudoZ network provides a framework for translators and others to assist each other with translations or explanations of terms and short phrases.

See also:
ProZ.com term search
Search millions of term translations
Close search
Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search