Glossary entry (derived from question below)
French term or phrase:
...la succession du défunt est négative
English translation:
...the deceased left a negative estate
Added to glossary by
Carol Gullidge
Oct 11, 2007 11:34
16 yrs ago
6 viewers *
French term
...la succession du défunt est négative
French to English
Law/Patents
Law (general)
The phrase appears in an "Acte de notoriété". The deceased in question died intestate but had a joint estate with his wife, and their marriage contract stated that the full estate was to pass to the surviving spouse in the event of death.
The full phrase is "Qu'aux termes dudit contrat de mariage, toute la communauté universelle est échue à l'épouse survivante [...], demeurant à [...], et que partant la succession du défunt est négative".
Can anyone help??
The full phrase is "Qu'aux termes dudit contrat de mariage, toute la communauté universelle est échue à l'épouse survivante [...], demeurant à [...], et que partant la succession du défunt est négative".
Can anyone help??
Proposed translations
(English)
4 +1 | ...the deceased left a negative estate | Carol Gullidge |
4 | ergo, the deceased left no solvent estate to speak of | Adrian MM. (X) |
Change log
Oct 17, 2007 14:52: Carol Gullidge Created KOG entry
Proposed translations
+1
41 mins
Selected
...the deceased left a negative estate
Fortunately, the deficit can't be passed to the heirs, although the deceased's debts can be deducted from his/her assets, leaving the heirs with nothing
Netherlands Insolvency Law: The Netherlands Bankruptcy Act and the ... - Google Books Resultby Peter J. M. Declercq - 2002 - Law - 310 pages
106 See article 57 paragraph 1 Fw. 107 For more details on a negative estate, see § 3.4.3.L I08 See article 59a Fw. 109 See article 52 paragraph 1 Fu. ...
books.google.com/books?isbn=9067041440...
[PDF] SUBMISSION TO THE MYNERS INQUIRY 29 August 2004 By D. O. Forfar ...File Format: PDF/Adobe Acrobat - View as HTML
with a negative Estate. (see Penrose Report, Chapter 6 paras 48, 49, 56, 84 and Tables H.1 and Table ... In contrast, the Equitable had a negative Estate in ...
www.hm-treasury.gov.uk/media/D/6/davidforfar_myners_rglm_29... - Similar pages
Debts Remaining After Parent's Death, No Will, Negative Net Worth ...My mother recently died with a net negative estate value. The pertinent (I think) details are: (1) My mother died in March 2005 in Oregon. ...
forum.freeadvice.com/showthread.php?t=241535 - 69k
Netherlands Insolvency Law: The Netherlands Bankruptcy Act and the ... - Google Books Resultby Peter J. M. Declercq - 2002 - Law - 310 pages
106 See article 57 paragraph 1 Fw. 107 For more details on a negative estate, see § 3.4.3.L I08 See article 59a Fw. 109 See article 52 paragraph 1 Fu. ...
books.google.com/books?isbn=9067041440...
[PDF] SUBMISSION TO THE MYNERS INQUIRY 29 August 2004 By D. O. Forfar ...File Format: PDF/Adobe Acrobat - View as HTML
with a negative Estate. (see Penrose Report, Chapter 6 paras 48, 49, 56, 84 and Tables H.1 and Table ... In contrast, the Equitable had a negative Estate in ...
www.hm-treasury.gov.uk/media/D/6/davidforfar_myners_rglm_29... - Similar pages
Debts Remaining After Parent's Death, No Will, Negative Net Worth ...My mother recently died with a net negative estate value. The pertinent (I think) details are: (1) My mother died in March 2005 in Oregon. ...
forum.freeadvice.com/showthread.php?t=241535 - 69k
Peer comment(s):
agree |
BusterK
: the estate should be passed on to the widow but since the debt is in excess of the value of the estate, she won't get anything...
16 mins
|
thanks, Buster!
|
3 KudoZ points awarded for this answer.
Comment: "Thanks everyone for the responses. While I think in the particular translation I was dealing with the idea of a negative estate/debt is not entirely accurate (the gentleman in question did not appear to have died in debt), I do believe this would be a suitable translation in other contexts. Thanks again!"
2 days 20 hrs
ergo, the deceased left no solvent estate to speak of
i.e. ademption operated to wipe out the deceased's estate.
As Tony M. suggests, debts may have been left unpaid, but maybe only IF they did not attach automatically to the property which passed under the contract of marriage by 'survivorship' and there is no 'prise de capacité sous bénéfice d’inventaire' by the surviving widow e.g. she accepts the estate confined to the assets and not the liabilities.
Negative estate does pop up in the US, but quaere: UK & Ireland.
Ademption of legacies operates to defeat gifts of bequests of chattels, rather than of land or the whole estate. But, on a wide view, a contract of marriage disposes of a specific gift of the unverisal community = residue of the estate after payment of debts.
Example sentence(s):
Ademption is a term used in the law of wills to determine what happens when property bequested under a will is no longer in the testator's estate when the ...
As Tony M. suggests, debts may have been left unpaid, but maybe only IF they did not attach automatically to the property which passed under the contract of marriage by 'survivorship' and there is no 'prise de capacité sous bénéfice d’inventaire' by the surviving widow e.g. she accepts the estate confined to the assets and not the liabilities.
Negative estate does pop up in the US, but quaere: UK & Ireland.
Ademption of legacies operates to defeat gifts of bequests of chattels, rather than of land or the whole estate. But, on a wide view, a contract of marriage disposes of a specific gift of the unverisal community = residue of the estate after payment of debts.
Example sentence(s):
Ademption is a term used in the law of wills to determine what happens when property bequested under a will is no longer in the testator's estate when the ...
Example sentence:
pfr.sagepub.com/cgi/reprint/30/6/546.pdf
Reference:
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