Spanish term
con cargo al tercio de mejora
lego a cada uno de mis nietos, CON CARGO AL TERCIO DE MEJORA y en lo que excediere al de libre disposición, x participaciones sociales de las que tiene el testador en la sociedad mercantil Z,
4 | out of the voluntary, extra one-third portion ('top-up') | Adrian MM. |
3 -1 | burdened by the "betterment" one third portion | AllegroTrans |
Jun 14, 2022 20:46: abe(L)solano changed "Language pair" from "English to Spanish" to "Spanish to English"
Proposed translations
burdened by the "betterment" one third portion
Publicado en Blog, English, Wills and Probate
https://albertoperezcedillo.wordpress.com/category/blog/engl...
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Note added at 1 hr (2022-06-14 22:08:33 GMT)
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Note that some translations prefer "improvement". I do not.
The Inheritance Rights of the Widows in Spain - Mariscal ...
https://www.mariscal-abogados.com › the-inheritance-ri...
15 Jul 2014 — Article 823 of the CC regulates betterment. Article 823 indicates that the deceased (mother or father) may freely dispose of 1/3 of the estate ( ...
Kind of heirs. Three parts of an inheritance in Spain. How to ...
https://www.arcos-lamersasociados.com › kind-of-heirs-...
27 Jul 2015 — The Spanish law acknowledges 1/3 of the estate of the deceased person to this type of heirs. Legatees: They inherit specific things like an ...
Will in Spain | Spanish Will | Inheritance Tax Laws - Global ...
https://www.globalpropertyguide.com › Europe › Inher...
11 Jan 2012 — The estate of the deceased therefore consists of: The legitimate portion or legitimate third;; The improvement third, which could cause a ...
Who Inherits Property in Spain? - Spanish Probate Matters
https://www.spanishprobatematters.com › who-inherits-...
Are you facing the problems of getting an inheritance in Spain? ... This second third is called “mejora” (improvement) and if there is no will or the will ...
The usufruct in the Spanish Wills - V&O Lawyers Marbella
https://www.volawyers.com › the-usufruct-in-the-spanis...
The constitution of the usufruct may be legal if imposed by law (legitima for the improvement third in favour of the widowed spouse) or voluntary if it arises ...
disagree |
John Rynne
: "burden" has nothing to do with it. This bequest is "coming from" the "tercio de mejora". RESPONDING -- "con cargo a" = "charged to"/"debited against" ("cargo" is an accounting term)
6 hrs
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I would be interested to know your own translation for "con cargo al"
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out of the voluntary, extra one-third portion ('top-up')
Not strictly a 'special bequest', as that connotes an impromptu gift.
Mejora: extra portion in a Will (beyond the birthright portion); West.
> and a common translation point in City of London Scrivener-Linguist SPA/ENG notarial translation-exam papers.
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Note added at 13 hrs (2022-06-15 09:56:07 GMT)
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Also cut to an 'additional'bounty' in the Anglo-Irish Law of Equity: 'Satisfaction of Portion Debts by Legacies > the law presumes that the giving of the benefit was intended to satisfy the debt or obligation in question and was not by way of *additional bounty* ' https://www.studocu.com/en-ie/document/national-university-o...
cuarta de mejora: quarter of the estate that is a special bequest of more than the birthright (and perhaps spousal)... Marian Greenfield 4 quarter for betterment
complément de réserve English translation: a top-up to a reserved share of inheritance Entered by: Adrian MM.
http://www.proz.com/kudoz/spanish-to-english/law-general/7039133-cuarta-de-mejoras.html
http://www.proz.com/kudoz/spanish-to-english/bus-financial/128654-tercio-de-mejora.html
buen fin de semana, peixe |
Reference comments
tercio de mejora
the one third "betterment" portion
Publicado en Blog, English, Wills and Probate
Discussion
How about then "third distributed among succesors/heirs as the testator decides". It is a very descriptive approach (and a long rendering, pax Adrian :-)), but the best that I can come up with.
I vaguely remember our City Notaries using a 'one-third, free estate improvement on the statutory entitlement' but will wait for one of them on ProZ perchance to come in on this..
Betterment I have seen - in conveyancing - only in connection with UK Betterment Levy Tax: 'Betterment levies are a form of tax or a fee levied on land that has gained in value because of public infrastructure investments. They are considered the most direct form of value capture' (Peterson 2009).
The "tercio de mejora" is freely apportionable but only among the testator's heirs, and the law says who they are. So the only freedom available to the testator in the "tercio de mejora" is the share given to each heir.
The translation included in your second link (one third of the estate apportionable at will) is what I like the best so far for our “tercio de mejora”, This “tercio” simply means that one third of the estate must be distributed among the surviving successors of the deceased person (testator) in (and this is the key point!) whatever way the deceased set out in their will.
“Betterment” as used in testamentary law in the UK is something I am not familiar with at all.
@Peixe: I just hope we can all help you with our insights.