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Legatar vs. Erbe

English translation: legatee; devisee; beneficiary under a will

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:Legatar
English translation:legatee; devisee; beneficiary under a will
Entered by: Beate Lutzebaeck
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05:29 Mar 20, 2002
German to English translations [PRO]
Law/Patents
German term or phrase: Legatar vs. Erbe
What exactly is the difference between the words "Erbe" and "Legatar" regarding a last will and testament? Are there differing terms in English other than heir(ess)? For example:
"I trage meiner Erbin auf...Gegenstände...zu übergehen." & "Sämtliche Legatare haben...Erbschaftssteuern...zu tragen."
Bryan Kampbell
legatee; devisee; beneficiary under a will
Explanation:
Under German law, the Erbe (=heir) becomes the legal successor of the deceased. That means that the heir inherits the estate including all rights and obligations, i.e. also the liabilities of the estate.

In contrast, the Legatar (another term is Vermächtnisnehmer) only acquires a claim to individual assets of the estate (and, as opposed to an heir, a last will/testament is required to make s.o. a Legatar).

British, Australian and NZ law also draw a distinction between these two concepts, but distinguish even further:
A legatee is s.b. who acquires a gift of personalty (chattels, movables) other than residual personalty, whereas the devisee acquires a gift of REALTY (i.e. real estate) under the will. According to Dietl/Lorenz, Legal dico, both can be called "beneficiary under a will" (in case you are not sure whether they receive movable or immovable property).

Under US law, personal property is also passed on by "legacy", but the term is also used in the sense of "bequest" and "devise". "Devise" is usually, but not always, used for real property (=> Indiana Probate Code).

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Note added at 2002-03-20 06:03:49 (GMT)
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Possible translation for your sentences:
\"I hereby instruct my heiress to hand over (übergeBen) ... chattels.\"
\"All legatees are subject to inheritance tax [estate tax].\"
As we are talking about chattels in your case (real estate cannot be übergeben=handed over), the use of \"legatee\" should be ok.
Selected response from:

Beate Lutzebaeck
New Zealand
Local time: 00:11
Grading comment
4 KudoZ points were awarded for this answer

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Summary of answers provided
5 +2legatee; devisee; beneficiary under a willBeate Lutzebaeck


  

Answers


22 mins   confidence: Answerer confidence 5/5 peer agreement (net): +2
legatee; devisee; beneficiary under a will


Explanation:
Under German law, the Erbe (=heir) becomes the legal successor of the deceased. That means that the heir inherits the estate including all rights and obligations, i.e. also the liabilities of the estate.

In contrast, the Legatar (another term is Vermächtnisnehmer) only acquires a claim to individual assets of the estate (and, as opposed to an heir, a last will/testament is required to make s.o. a Legatar).

British, Australian and NZ law also draw a distinction between these two concepts, but distinguish even further:
A legatee is s.b. who acquires a gift of personalty (chattels, movables) other than residual personalty, whereas the devisee acquires a gift of REALTY (i.e. real estate) under the will. According to Dietl/Lorenz, Legal dico, both can be called "beneficiary under a will" (in case you are not sure whether they receive movable or immovable property).

Under US law, personal property is also passed on by "legacy", but the term is also used in the sense of "bequest" and "devise". "Devise" is usually, but not always, used for real property (=> Indiana Probate Code).

--------------------------------------------------
Note added at 2002-03-20 06:03:49 (GMT)
--------------------------------------------------

Possible translation for your sentences:
\"I hereby instruct my heiress to hand over (übergeBen) ... chattels.\"
\"All legatees are subject to inheritance tax [estate tax].\"
As we are talking about chattels in your case (real estate cannot be übergeben=handed over), the use of \"legatee\" should be ok.


    Nevill's Law of Trust, Wills and Administration
Beate Lutzebaeck
New Zealand
Local time: 00:11
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in pair: 2079

Peer comments on this answer (and responses from the answerer)
agree  Sven Petersson
3 mins

agree  gangels: not "to hand over" but "to convey" is the proper legal term. But otherwise excellent answer
7 hrs
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