als Pflichtteil beansprucht werden

English translation: (that may) be claimed as a forced share

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:als Pflichtteil beansprucht werden
English translation:(that may) be claimed as a forced share

06:40 Oct 12, 2018
    The asker opted for community grading. The question was closed on 2018-10-15 07:54:08 based on peer agreement (or, if there were too few peer comments, asker preference.)


German to English translations [PRO]
Law/Patents - Law: Contract(s)
German term or phrase: als Pflichtteil beansprucht werden
die Zuwendungen Dritter und Erbschaften, die einem Ehegatten als Eigengut zugewendet werden und soweit die Erbschaften von ihm nicht als Pflichtteil beansprucht werden können.


marriage contract
Art. 221 222 Swiss Civil Code (SCC)

the dispositions of third parties and inheritances which are passed to a spouse as individual property and where he or she does not have a compulsory inheritance entitlement?
deutschenglisch
Local time: 13:34
(that may) be claimed as a forced share
Explanation:
Swiss inheritance law is similar to German in this respect. I had a devilish will to translate once and came across this term. At the time I translated it as forced share, but according to this source at least, compulsory portion would be another option.

"It has always been a principle of German inheritance law that close relatives are entitled to a portion of the deceased’s estate, even if the deceased had expressly disinherited those close relatives in his or her Last Will and Testament. This is called “Pflichtteil” (section 2303 German Civil Code), which can be translated forced share or compulsory portion to the estate."

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Note added at 6 hrs (2018-10-12 12:45:56 GMT)
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@Asker: Thanks for the follow-up. It sounds like compulsory portion is the translation favoured by most so far. 'Statutory inheritance entitlement' covers the same ground but is wider ranging, don't you think? In that, something other than a compulsory portion might also be considered a statutory inheritance entitlement...
Selected response from:

Ed Ashley
United Kingdom
Local time: 13:34
Grading comment
excellent again (esp including a link). Thanks.
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +3(that may) be claimed as a forced share
Ed Ashley
4may not be claimed as the legitime (legitima portio)
Yorkshireman
4he cannot claim it as a legitimate portion
Kalyani Gadre


  

Answers


3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
he cannot claim it as a legitimate portion


Explanation:
You could also check the previous explanations for this
https://www.proz.com/kudoz/german-to-english/law-general/404...

Kalyani Gadre
India
Local time: 19:04
Works in field
Native speaker of: Native in EnglishEnglish, Native in MarathiMarathi
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4 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
may not be claimed as the legitime (legitima portio)


Explanation:
In Civil law and Roman law, the **legitime (legitima portio)**, also known as a **forced share** or **legal right share**, of a decedent's estate is that portion of the estate from which he cannot disinherit his children, or his parents, without sufficient legal cause.

This description also contains the "forced share" mentioned earlier by Ed.

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Note added at 5 hrs (2018-10-12 11:43:09 GMT)
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Civil Law and Scottish Law. The portion of a deceased person's estate to which a child of his or hers is legally entitled, regardless of the terms of the will.

That portion of a parent's estate of which he cannot disinherit his children without a legal cause.

Legitime literally means the forced share or forced portion. It refers to that portion of a parent’s property that would bequeath upon the children of a deceased by law. A legitime is only a fraction of the entire property of the deceased. The parent’s property that bequeaths on the children is fixed by law. Thus a testator cannot disinherit his/her children from legitime without reasonable and sufficient cause. According to the law of legitime a testator who has issues cannot entrust his wife with the whole property without giving the children their respective shares.

Scots law the part of a person's moveable estate that is inherited by his or her children on that person's death

A legitime is an inheritance which a compulsory heir receives

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Note added at 5 hrs (2018-10-12 11:49:04 GMT)
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This may also be helpful:

Pflichtteil
(lat. Portio legitima, auch bloß Legitima), derjenige Teil des Vermögens eines Erblassers, welchen gewisse Verwandte desselben gesetzlich beanspruchen können, wofern sie sich dies Recht nicht durch schlechtes Betragen verscherzt haben. Dem Prinzip nach ist nämlich im römischen Recht sowohl als in den modernen Gesetzbüchern die Testierfreiheit, d. h. das Recht des Erblassers, über seinen Nachlaß letztwillig beliebig zu verfügen, anerkannt.

Source: http://peter-hug.ch/lexikon/Legitima portio


Yorkshireman
Germany
Local time: 14:34
Native speaker of: Native in EnglishEnglish
PRO pts in category: 15
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39 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +3
(that may) be claimed as a forced share


Explanation:
Swiss inheritance law is similar to German in this respect. I had a devilish will to translate once and came across this term. At the time I translated it as forced share, but according to this source at least, compulsory portion would be another option.

"It has always been a principle of German inheritance law that close relatives are entitled to a portion of the deceased’s estate, even if the deceased had expressly disinherited those close relatives in his or her Last Will and Testament. This is called “Pflichtteil” (section 2303 German Civil Code), which can be translated forced share or compulsory portion to the estate."

--------------------------------------------------
Note added at 6 hrs (2018-10-12 12:45:56 GMT)
--------------------------------------------------

@Asker: Thanks for the follow-up. It sounds like compulsory portion is the translation favoured by most so far. 'Statutory inheritance entitlement' covers the same ground but is wider ranging, don't you think? In that, something other than a compulsory portion might also be considered a statutory inheritance entitlement...


    https://www.crosschannellawyers.co.uk/elective-share-rules-under-german-inheritance-law-pflichtteil/
Ed Ashley
United Kingdom
Local time: 13:34
Works in field
Native speaker of: English
PRO pts in category: 4
Grading comment
excellent again (esp including a link). Thanks.
Notes to answerer
Asker: of the two compulsory portion was suggested by the bank's termbase. In the semi-official EN translation we have Art 241 Solche Vereinbarungen dürfen die Pflichtteilsansprüche der Nachkommen nicht beeinträchtigen. Such agreements must not adversely affect the statutory inheritance entitlements of the spouse’s issue.


Peer comments on this answer (and responses from the answerer)
agree  Sabrina Stolfa: "Compulsory portion" hits the mark better in most cases, I think, because one might say that something only becomes forced once it is contested, which it rarely is because the clause is generally known and accepted.
1 hr
  -> Thanks! I see your logic, too.

agree  Johanna Timm, PhD: https://definitions.uslegal.com/f/forced-share/
9 hrs

agree  Björn Vrooman: You realize that another author on the website you quote calls it "statutory share"? That's what I'd use. Easy to find on US pages (see 2nd para.): https://caselaw.findlaw.com/ct-supreme-court/1703440.html Plus, there's "statutory legacy" in the UK.
1 day 15 hrs
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