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Le survivant imputera sur ses droits dans la succession

English translation: The survivor imputes to his / her rights in the estate

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:Le survivant imputera sur ses droits dans la succession
English translation:The survivor imputes to his / her rights in the estate
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23:03 Feb 19, 2012
    The asker opted for community grading. The question was closed on 2012-02-23 20:54:07 based on peer agreement (or, if there were too few peer comments, asker preference.)


French to English translations [PRO]
Law/Patents - Law (general) / inheritance
French term or phrase: Le survivant imputera sur ses droits dans la succession
This is in a paragraph in a separation de biens agreement signed in France:

Le survivant imputera sur ses droits dans la succession du prémourant la valeur, établie ainsi q'il vient d'être dit,des biens pour lesquels il aura exercé sa faculté d'acquisition ou d'attribution. L'excédent donnera lieu au versement d'une soulte, s'il y a lieu. Si le survivant n'a pas de droit de la succession de sone conjoint, l'opération aura le caractere d'une acquisition.

I assume that it refers to inheritance rights, not inheritance tax, but how does the surviving spouse charge the value of what he or she owns to the inheritance rights? And what is this excess? I'm struggling to make sense of this.

Thanks for any help!
gdheath
The survivor imputes to his / her rights in the estate
Explanation:
***The survivor imputes to his / her rights in the estate*** of the deceased the value, established as has been said, of the properties for which he / she has exercised his / her option / right of acquisition or attribution. The excess over this value will result in the disbursement of a cash payment, if applicable. If the survivor has no right to the estate of his / her spouse, the transaction will be characterized as an acquisition.

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Note added at 2 hrs (2012-02-20 01:44:42 GMT)
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im·pute /imˈpyo͞ot/
Verb: 1. Represent (something, esp. something undesirable) as being done, caused, or possessed by someone; attribute.
2. Assign (a value) to something by inference from the value of the products or processes to which it contributes.

imputation - definition of imputation by the Free Online Dictionary ...
www.thefreedictionary.com/imputation
im·pu·ta·tion ( m py -t sh n). n. 1. The act of imputing or ascribing; attribution. 2. Something imputed, ascribed, or attributed.
Selected response from:

andres-larsen
Venezuela
Local time: 00:30
Grading comment
Thank you very much! I found this text rather confusing, perhaps because it wasn't very clearly written.

4 KudoZ points were awarded for this answer

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Summary of answers provided
4The survivor is to set against his or her entitlements in the estate (the value...)xxxAdrian MM.
4The survivor attributes ...
B D Finch
3to his/her rights ... he/she will add the value, determined as (...) of the assetsZofia Wislocka
1The survivor imputes to his / her rights in the estate
andres-larsen


  

Answers


2 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
to his/her rights ... he/she will add the value, determined as (...) of the assets


Explanation:
la valeur, établie ainsi q'il vient d'être dit,des biens pour lesquels il _aura exercé_ sa faculté d'acquisition ou d'attribution.
The assets in question will have been purchased or otherwise acquired by the surviving spouse prior to the death of the other spouse, i.e. during their life as a (married) couple
acceptable ? :)

Zofia Wislocka
Local time: 06:30
Works in field
Native speaker of: Polish
PRO pts in category: 12
Login to enter a peer comment (or grade)

2 hrs   confidence: Answerer confidence 1/5Answerer confidence 1/5
The survivor imputes to his / her rights in the estate


Explanation:
***The survivor imputes to his / her rights in the estate*** of the deceased the value, established as has been said, of the properties for which he / she has exercised his / her option / right of acquisition or attribution. The excess over this value will result in the disbursement of a cash payment, if applicable. If the survivor has no right to the estate of his / her spouse, the transaction will be characterized as an acquisition.

--------------------------------------------------
Note added at 2 hrs (2012-02-20 01:44:42 GMT)
--------------------------------------------------

im·pute /imˈpyo͞ot/
Verb: 1. Represent (something, esp. something undesirable) as being done, caused, or possessed by someone; attribute.
2. Assign (a value) to something by inference from the value of the products or processes to which it contributes.

imputation - definition of imputation by the Free Online Dictionary ...
www.thefreedictionary.com/imputation
im·pu·ta·tion ( m py -t sh n). n. 1. The act of imputing or ascribing; attribution. 2. Something imputed, ascribed, or attributed.


andres-larsen
Venezuela
Local time: 00:30
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 68
Grading comment
Thank you very much! I found this text rather confusing, perhaps because it wasn't very clearly written.
Login to enter a peer comment (or grade)

19 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
The survivor attributes ...


Explanation:
The sentence would be clearer if rearranged and a comma and "concernant" inserted:

Le survivant imputera/ la valeur, établie ainsi q'il vient d'être dit,/ sur ses droits dans la succession du prémourant, concernant des biens pour lesquels il aura exercé sa faculté d'acquisition ou d'attribution.

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Note added at 19 hrs (2012-02-20 18:34:21 GMT)
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I am not trying to improve on the drafting. However, if in doubt, it is always worth trying to see if rearanging the sentence might shed more light on the meaning.

Regarding the rest of your question, one of our legal experts might be able to explain, but otherwise I'd stick with just translating what it says.

B D Finch
France
Local time: 06:30
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 469
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22 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
The survivor is to set against his or her entitlements in the estate (the value...)


Explanation:
Answer already chosen. But this is about the survivor bringing rights into 'hotchpot', so deducting them from the value of assets....over which he or she has exercised the right of acquisition or vesting.

Versement d'une soulte should be posted as a sep. question, but it's about making a balancing payment.



Example sentence(s):
  • The legal definition of Hotchpot is The mixing of property for the purposing of effecting a proportionate division. www.duhaime.org/LegalDictionary/H/Hotchpot.aspx
xxxAdrian MM.
Local time: 06:30
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 858
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Changes made by editors
Feb 20, 2012 - Changes made by writeaway:
Field (specific)Law: Contract(s) » Law (general)
Field (write-in)(none) » inheritance


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