Glossary entry

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??
Change log

Oct 17, 2007 14:52: Carol Gullidge Created KOG entry

Discussion

Tony M Oct 11, 2007:
By the sound of it, it's worse even that than! It sounds as if there is not only nothing left over, but in fact there are debts that are not covered.
CMJ_Trans (X) Oct 11, 2007:
not a legal eagle but it means that becuase of the terms of their marriage the widow automatically gets everything so there's nothing left for the deceased to leave to other heirs

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
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!
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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 ...






Example sentence:

pfr.sagepub.com/cgi/reprint/30/6/546.pdf

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