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j'institute pour légataire universelle


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10:58 Jul 2, 2013
This question was closed without grading. Reason: Other

French to English translations [PRO]
Law/Patents - Law (general) / Estate/Will
French term or phrase: j'institute pour légataire universelle
This is from a letter detailing what and to whom a man would like to bequeath when he dies. It is a handwritten letter so many things are hard to make out, but 'institute pour légataire' appears twice, so I imagine I've read it correctly. Institute doesn't appear to exist, certainly not as a verb anyway, so I'm having trouble finding a precise translation. It's not written by a native French speaker. The translation I'm most likely going to go for is 'I appoint xxxx as my sole legatee' unless someone provides a better suggestion. Thank you in advance!
Cherry Tree
United Kingdom
Local time: 05:46

Summary of answers provided
5 +1appoint as sole legatee
Nikki Scott-Despaigne
4I appoint as general legatee (subject to the rights of any reserve heirs)
Tim Webb

Discussion entries: 1



2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
j'institue pour légataire universelle
I appoint as general legatee (subject to the rights of any reserve heirs)

I would avoid translating "legataire universel" as "sole legatee", especially if the testator is not fully aware of French succession laws, as the legataire universel is entitled to all of the property in the estate after deduction of the rights of the reserve heirs , so if the deceased leaves any surviving children, they would be heirs too and the wife would not be the sole legatee.

    Reference: http://www.heritage-succession.com/article-conflit-entre-her...
Tim Webb
Local time: 06:46
Specializes in field
Native speaker of: English
PRO pts in category: 63

Peer comments on this answer (and responses from the answerer)
neutral  Nikki Scott-Despaigne: Be that as it may, the French is "légataire universelle". Maybe this is a personal thing, but I prefer to leave the legal implications to the lawyers and their professional indemnity insurers if need be!//Also, this is a letter expressing wishes.
5 hrs
  -> Yes, but "légataire universel" in French is not the same as "universal legatee" in English and translating it as "sole legatee", when there are alternatives is, in my opinion, too restrictive (you're right Nikki - let's leave this one to the lawyers)!
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17 mins   confidence: Answerer confidence 5/5 peer agreement (net): +1
instituer pour légataire universelle
appoint as sole legatee

There is no problem with the verb "instituer" can be found in most dictionaries. Its ordinary meaning is to found, to estbalish. In this context, it means to name, thus to appoint. Again, in most dictionaries you will find this legal meaning of the verb "instituer".

Note added at 18 mins (2013-07-02 11:17:45 GMT)


- Établir quelque chose, le fonder d'une manière durable : Instituer une nouvel impôt. Richelieu institua l'Académie.
- Désigner quelqu'un comme héritier dans son testament.

Note added at 19 mins (2013-07-02 11:18:51 GMT)

Your instinct for the meaning is correct. It simply meant considering the infinitive of the verb. I'm sure you'd have found it. ;-)

Note added at 7 hrs (2013-07-02 18:42:18 GMT)

"Sole beneficiary" also.

Nikki Scott-Despaigne
Local time: 06:46
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 416

Peer comments on this answer (and responses from the answerer)
agree  philgoddard: What you haven't mentioned is that it should be "institue", not "institute".
2 hrs
  -> Quite right. Thank you Phil.//I have just spotted my new verb "estbalish", for those setting up in the east.
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Voters for reclassification
PRO / non-PRO
Non-PRO (1): Nikki Scott-Despaigne

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