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istituisco usufruttuario generale, con la dispensacon da inventario e cauzione..

English translation: I appoint my wife as the general usufructuary of my entire estate, without the requirement of an inventory or security deposit/guarantee

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Italian term or phrase:istituisco usufruttuario generale, con la dispensa da inventario e cauzione..
English translation: I appoint my wife as the general usufructuary of my entire estate, without the requirement of an inventory or security deposit/guarantee
Entered by: canguro
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23:49 Mar 9, 2008
Italian to English translations [PRO]
Law/Patents - Law (general) / last will and testament
Italian term or phrase: istituisco usufruttuario generale, con la dispensacon da inventario e cauzione..
The entire phrase is:

"In tutto il mio patrimonio istituisco usufruttuario generale, con la dispensa da inventario e cauzione, mia moglie (nome)".

This phrase is found in a last will and testament. The word "patrimonio" refers to general property such as homes, land etc. Can anyone please give me some input as to how I could go about translating the entire phrase? Many thanks in advance for your help!
canguro
Local time: 10:16
I appoint my wife as the residual beneficiary of my entire estate for life, without the requirement
Explanation:
I appoint my wife as the residual beneficiary of my entire estate for life, without the requirement of an inventory or security deposit/guarantee

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Note added at 12 hrs (2008-03-10 11:54:20 GMT)
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Hi Antonella, Italian inheritance law (someone please correct me if I am mistaken) requires that a spouse leaves half the estate to the surviving spouse and the remainder divided amongst the children equally. In this case the testator appears to be wishing to give his wife a lifetime usuafruct (use, but not disposal) of all assets, which may not be valid legally.

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Note added at 13 hrs (2008-03-10 13:30:13 GMT)
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What about "I grant my wife a lifetime usufruct of my entire estate for, without the requirement ...."?


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Note added at 15 hrs (2008-03-10 15:32:43 GMT)
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Go for it!
Selected response from:

Peter Cox
Italy
Local time: 10:16
Grading comment
You've been a precious source of information! Many thanks for dedicating your time to me.
4 KudoZ points were awarded for this answer

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Summary of answers provided
4I appoint my wife as the residual beneficiary of my entire estate for life, without the requirement
Peter Cox


Discussion entries: 1





  

Answers


6 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
I appoint my wife as the residual beneficiary of my entire estate for life, without the requirement


Explanation:
I appoint my wife as the residual beneficiary of my entire estate for life, without the requirement of an inventory or security deposit/guarantee

--------------------------------------------------
Note added at 12 hrs (2008-03-10 11:54:20 GMT)
--------------------------------------------------

Hi Antonella, Italian inheritance law (someone please correct me if I am mistaken) requires that a spouse leaves half the estate to the surviving spouse and the remainder divided amongst the children equally. In this case the testator appears to be wishing to give his wife a lifetime usuafruct (use, but not disposal) of all assets, which may not be valid legally.

--------------------------------------------------
Note added at 13 hrs (2008-03-10 13:30:13 GMT)
--------------------------------------------------

What about "I grant my wife a lifetime usufruct of my entire estate for, without the requirement ...."?


--------------------------------------------------
Note added at 15 hrs (2008-03-10 15:32:43 GMT)
--------------------------------------------------

Go for it!

Peter Cox
Italy
Local time: 10:16
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 335
Grading comment
You've been a precious source of information! Many thanks for dedicating your time to me.
Notes to answerer
Asker: Thanks so much Peter! So you've cleared up the meaning for me about what "dispensa da inventario e cauzione" means. Am I right by saying that it meas that this man gives his entire estate to his wife, without actually having to draw up a list of each individual thing he owns and passes on, and without her having to provide a security deposit? Another quick question if I may: this man has "x" number of children whom he declares his heirs. Does this have any impact on the term "residual beneficiary"? He is basically saying that his wife can use all his property (however she cannot sell any of it as she does not "own" it), and once she dies her children will inherit this property in equal parts. Therefore, I'm asking whether the word "residual" changes in this case (given that there are x children involved)? Many thanks for your precious input in advance!

Asker: Ok Peter, so lets assume, hypothetically, that the testator's request is valid. Would the term "residual" beneficiary still apply? Wouldn't "life estate holder" better convey what the testator's wife is? "Beneficiary" implies that she can do as she pleases with the estate doesn't it (ie. sell, rent etc.)? In actual fact the testator only wants to give his wife a lifetime usuafruct.

Asker: Sounds good Peter. How about "I appoint my wife, (name), as the general usufructuary of my entire estate, without the requirement of an inventory or security deposit/guarantee". Which do you think sounds better? Thanks so much for your help....I greatly appreciate it!

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