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déclaration d'ouverture de succession

English translation: (notary) deed on the opening of succession

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22:22 Dec 9, 2010
French to English translations [PRO]
Law/Patents - Law (general) / summons regarding a contested will
French term or phrase: déclaration d'ouverture de succession
I can't seem to find a definition for "déclaration d'ouverture de succession" - is it simply "open an estate inquiry"? This is a French document being translated into US English....

"....Compte tenu du lieu du décès de XXX en France, XXX a enregistré une **déclaration d'ouverture de succession*** aux termes d'un acte du XXXX enregistré au consulat général de France à XXX...."

I hope this is enough context - I don't want to breach my confidentiality, but if more is needed I can try to provide it.
Daniel Weston
United States
Local time: 16:05
English translation:(notary) deed on the opening of succession
Explanation:
ouverture de succession = day when the succession is opened/initiated = death
Selected response from:

mimi 254
Local time: 01:05
Grading comment
I went with this, although I'm not sure I feel confident enough to enter into the glossary
4 KudoZ points were awarded for this answer

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Summary of answers provided
2 +1(notary) deed on the opening of successionmimi 254
3claim opening the successioncc in nyc
3 -1grant of probateLouis Cyril P
3 -1un acte de notoriétéLouis Cyril P


Discussion entries: 5





  

Answers


2 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
claim opening the succession


Explanation:
I believe that "opening of the succession" works for "ouverture de sucession"; see References.

Example sentence(s):
  • The claim for a compulsory portion arises with opening of the succession (a succession opens upon the death of a person).
  • ... he found that the 10-year time limit under art. 626 C.C.Q. for having one’s heirship recognized is calculated not only from the opening of the succession, but sometimes from the day the successor’s right arises.

    Reference: http://www.successions-europe.eu/en/estonia/topics/restricti...
    Reference: http://www.scc-csc.gc.ca/case-dossier/cms-sgd/sum-som-eng.as...
cc in nyc
Local time: 19:05
Native speaker of: English
PRO pts in category: 209

Peer comments on this answer (and responses from the answerer)
neutral  AllegroTrans: I would not classify this as a claim, but rather as a formality
15 hrs
  -> Thank you for your comment; it's a tough one.

neutral  Tony M: I really can't agree with 'opening the succession', that is far too literal, and pretty much meaningless in EN.
72 days
  -> Thank you for your comment. Still looking for the right translation.
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5 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): -1
un acte de notoriété


Explanation:
IMHO

Louis Cyril P
Local time: 04:05
Native speaker of: Native in FrenchFrench
PRO pts in category: 4

Peer comments on this answer (and responses from the answerer)
neutral  Catharine Cellier-Smart: and in English ?
1 hr

disagree  AllegroTrans: English was required
11 hrs
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10 hrs   confidence: Answerer confidence 2/5Answerer confidence 2/5 peer agreement (net): +1
(notary) deed on the opening of succession


Explanation:
ouverture de succession = day when the succession is opened/initiated = death

mimi 254
Local time: 01:05
Native speaker of: Native in EnglishEnglish, Native in FrenchFrench
PRO pts in category: 200
Grading comment
I went with this, although I'm not sure I feel confident enough to enter into the glossary

Peer comments on this answer (and responses from the answerer)
agree  AllegroTrans: This is the closest, since it refers to a formality in the process. However, this does not occur at the time of death, it can be many months (even years) later - French succession proecedure is notoriously slow
7 hrs

neutral  Tony M: I really can't agree with 'opening the succession', that is far too literal, and pretty much meaningless in EN. And note that this is certainly not the date of death, by a long chalk!
72 days
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17 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): -1
grant of probate


Explanation:
I initially forgot to translate and suggested the french 'acte de notoriété. The English equivalent is 'grant of probate'. See http://forum.wordreference.com/showthread.php?t=643318

Louis Cyril P
Local time: 04:05
Native speaker of: Native in FrenchFrench
PRO pts in category: 4

Peer comments on this answer (and responses from the answerer)
disagree  AllegroTrans: The French system is so inherently different to that of UK/US etc. that you cannot translate this as probate. "Probate" does not exist in France and "converting" the term in this way is unsafe
32 mins

neutral  Tony M: In any case, surely the nearest equivalent step would be 'application for probate'?
72 days
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