manda testamentaria

English translation: (to execute) the will

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:manda testamentaria
English translation:(to execute) the will
Entered by: Rebecca Jowers

14:48 Oct 14, 2017
Spanish to English translations [PRO]
Law/Patents - Law: Contract(s) / trust agreement
Spanish term or phrase: manda testamentaria
Se trata de un fideicomiso revocable en donde el fiduciario y albacea solicita el reconocimiento del testamento en tal y tal país para llevar adelante "la manda testamentaria" y liquidar todos los bienes en estos países.
Latin American Spanish to U.S. English.
Andres Fekete
Uruguay
Local time: 23:55
(to execute) the will
Explanation:
In this context "llevar adelante la manda testamentaria" appears to refer to what in English is termed simply "executing a will", i.e., (literally) "fulfilling the testamentary mandates."

In a more limited sense "manda testamentaria" is a synonym of "legado" (a testamentary gift, legacy, devise or bequest, depending on the context), but in your text the expression appears to refer to executing the terms of the will in general.

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Note added at 13 hrs (2017-10-15 04:45:17 GMT)
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To respond to Alex's comment:

As I clearly noted above in my second observation, in its ordinary meaning "manda testamentaria" does indeed denote (as Alex suggests) a "testamentary gift, legacy, devise or bequest". But in this specific context in which the text says that the "fiduciario" and the ALBACEA (executor of a will) are asking for "reconocimiento del testamento" (probate, or some official acknowledgement) in order to "LLEVAR ADELANTE la manda testamentaria" (carry out the provisions of the will), the sense of "llevar adelante la manda testamentaria" seems to be simply "to execute the will." In this context (and in translation, context is everything!) the "fiduciario" and the executor merely appear to be seeking the go-ahead to execute a will. This is what the context that Andrés provides seems to suggest, but he will know which choice is appropriate from the rest of the document.

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Note added at 1 day50 mins (2017-10-15 15:38:48 GMT) Post-grading
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My pleasure, Andrés. I'm glad you found this useful.
Selected response from:

Rebecca Jowers
Spain
Local time: 04:55
Grading comment
4 KudoZ points were awarded for this answer



Summary of answers provided
5(testamentary) bequest
Alex Ossa
4(to execute) the will
Rebecca Jowers


Discussion entries: 1





  

Answers


13 hrs   confidence: Answerer confidence 5/5
(testamentary) bequest


Explanation:
Manda is a bequest, in this context: def. 2 in https://es.oxforddictionaries.com/translate/spanish-english/...

testamentaria just means testamentary (or can mean testamentary proceedings, but doesn't apply here because of the manda): verified in West's Dictionary of Law and Business

Manda testamentaria is, therefore, a testamentary bequest.

I am leaving a couple of references in Spanish where it is clear that the testator is the one who executes the action, and not the executor(s).

If you google "testamentary bequest", not only will you find many references, but you might also notice that, although it's use is varied, it is often used as a title.

Given that a bequest is always a gift left in a will, I would initially say that a testamentary bequest is redundant. However, given the large number of hits for the term, I would suggest:

Use Testamentary Bequest if it is the title of the document

Prefer bequest in the body of a text to avoid unnecessary wordiness.




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Note added at 14 hrs (2017-10-15 04:56:02 GMT)
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In response to Rebecca's comment regarding the context, please consider the proposal amended to para llevar a cabo la manda testamentaria = to hono(u)r the testamentary bequest


    https://books.google.cl/books?id=OEEQAAAAIAAJ&pg=PA23&lpg=PA23&dq=%22manda+testamentaria%22&source=bl&ots=pP7mdnqgai&sig=Qn4aEWDJo-vUdoudMvs
    https://books.google.cl/books?id=qKYYy0vhSNoC&pg=PA59&lpg=PA59&dq=%22manda+testamentaria%22&source=bl&ots=fKddSMhPkv&sig=SoGhYlM_85-bhEFPjyC
Alex Ossa
Chile
Local time: 22:55
Meets criteria
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in SpanishSpanish
PRO pts in category: 8
Notes to answerer
Asker: Thanks for your input. The information you provided was very helpful and considering both points of view helped to improve my translation.

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24 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
(to execute) the will


Explanation:
In this context "llevar adelante la manda testamentaria" appears to refer to what in English is termed simply "executing a will", i.e., (literally) "fulfilling the testamentary mandates."

In a more limited sense "manda testamentaria" is a synonym of "legado" (a testamentary gift, legacy, devise or bequest, depending on the context), but in your text the expression appears to refer to executing the terms of the will in general.

--------------------------------------------------
Note added at 13 hrs (2017-10-15 04:45:17 GMT)
--------------------------------------------------

To respond to Alex's comment:

As I clearly noted above in my second observation, in its ordinary meaning "manda testamentaria" does indeed denote (as Alex suggests) a "testamentary gift, legacy, devise or bequest". But in this specific context in which the text says that the "fiduciario" and the ALBACEA (executor of a will) are asking for "reconocimiento del testamento" (probate, or some official acknowledgement) in order to "LLEVAR ADELANTE la manda testamentaria" (carry out the provisions of the will), the sense of "llevar adelante la manda testamentaria" seems to be simply "to execute the will." In this context (and in translation, context is everything!) the "fiduciario" and the executor merely appear to be seeking the go-ahead to execute a will. This is what the context that Andrés provides seems to suggest, but he will know which choice is appropriate from the rest of the document.

--------------------------------------------------
Note added at 1 day50 mins (2017-10-15 15:38:48 GMT) Post-grading
--------------------------------------------------

My pleasure, Andrés. I'm glad you found this useful.

Rebecca Jowers
Spain
Local time: 04:55
Meets criteria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 802
Notes to answerer
Asker: Thank you so much for sharing your expertise and for taking the time to eloquently defend your argument.


Peer comments on this answer (and responses from the answerer)
neutral  Alex Ossa: You have a very good point in the context, although in that case a more faithful way to translate the expression para llevar a cabo la manda testamentaria might be to hono(u)r the testamentary bequest
13 hrs
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