Glossary entry

French term or phrase:

partage amiable de la succession

English translation:

amicable division/distribution of the estate

Added to glossary by SafeTex
Nov 14, 2021 08:07
2 yrs ago
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French term

partage amiable de la succession

French to English Law/Patents Law (general) Succession, Hungary
An intestate succession in Hungary.

"Succession ab intestat suivant les articles 7:55, 7:58 et 7:93 (partage amiable de la succession) de la loi V de 2013 sur le Code Civil hongrois."

According to this (source not known, I don't read Hungarian) https://uj.njt.hu/translation/J2013T0005P_20210701_FIN.PDF, the section heading, IN THE CIVIL CODE ITSELF, for articles 7:55 and 7:58 is "INTESTATE SUCCESSION...GENERAL ORDER OF INTESTATE SUCCESSION".

Then, heading for 7:55: "Succession of descendants".

And 7:58: "Succession by a spouse and descendants".

The section heading for article 7:93 is "STATUS OF THE HEIR" and the specific heading for the article is "Allocation agreement".

Act V/2013 promulgating the Civil Code: http://www.ilo.org/dyn/natlex/natlex4.detail?p_lang=fr&p_isn...
Change log

Nov 15, 2021 11:57: SafeTex Created KOG entry

Discussion

Conor McAuley (asker) Nov 15, 2021:
Thanks ormiston: your suggestion definitely SHOULD work, but it doesn't seem to, according to internet search matches...

This area of law is definitely a little tricky.
ormiston Nov 15, 2021:
Amicable settlement When an individual dies, his estate is distributed according to state law and provisions he made in advance. The estate is composed of all of his property and...
ormiston Nov 15, 2021:
Actually I have found a more suitable verb https://pocketsense.com/meaning-settle-estate-8550019.html

The meaning of settle an estate is exactly this
Conor McAuley (asker) Nov 14, 2021:
For info:

"Inheritance law in Hungary provides for testamentary succession wherein a person is given the freedom to dispose of his/her property through a will, which shall take effect upon death. A will must be personally made by the testator and should contain a clear intent to dispose his/her properties upon death."

https://www.lawyershungary.com/inheritance-law-in-hungary#:~...
Conor McAuley (asker) Nov 14, 2021:
I suppose stating the default position explicitly is a bit clumsy, on reflection.
Conor McAuley (asker) Nov 14, 2021:
FHS Bridge has... ..."partition by the court" for "partage judiciaire", and "out-of-court partition" gets a limited amount of internet search matches, including from the US and India...

Any comments? Too obvious?

Proposed translations

+4
7 hrs
Selected

amicable division/distribution of the estate

These two verbs get far more ghits than other suggestions and I can't see why we would abandon the most common forms unless we choose "allocation" to respect the Hungarian translation into English (but low number of ghits so not my first choice)
Peer comment(s):

agree ormiston : This is the most convincing translation
9 mins
Thanks Ormiston
agree AllegroTrans
2 hrs
Thanks AllegroTrans
agree Michele Fauble
2 hrs
Thanks Michele
agree Eliza Hall : Not division, but distribution, yes.
4 hrs
Thanks and noted
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thanks to everybody for their input! "
22 mins

amicable distribution of inheritance

It is clearly a situation of an estate being distributed to the heirs by provisions of law (the Hungarian Civil Code) rather than by will dispositions. The reference "amiable" is typical of the frenche body of law, where "The principle in French law is to settle estates amicably, without involving the courts. The courts can only be asked to intervene if there is disagreement between the heirs."
see https://e-justice.europa.eu/166/EN/succession?FRANCE&init=tr...
Peer comment(s):

neutral Andrew Bramhall : Possibly, but " equitable" probably more to the point;
3 hrs
neutral Eliza Hall : Amicable distribution, yes, but "succession" = estate. I disagree w/Oliver's "equitable" suggestion--that's not what this means at all.
11 hrs
Something went wrong...
4 hrs

private arrangement for distribution of the estate

Allocation agreement looks like a BrE/Ire: DofA > Deed AmE: Instrument of Family Arrangement or of *Variation of the Will* or to mitigate the effect of intestacy rules of property passing on the 'statutors trusts' e.g. first to spouse, then to children etc.

Better not characterize as 'equitable' or 'fair', as nine times out of ten in my experience and in most jurisdictions, it isn't, namely a DoFa or re-arrangement of a Will or *devoluton of succession on intestacy* is used to avoid a dispute and blazing inheritance row: in E+W> 'probate in solemn form'.

Otherwise, is used for tax purposes, query: in Hungary.


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Note added at 4 hrs (2021-11-14 12:55:45 GMT)
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'statutors trusts' : statutory trusts
Example sentence:

The purpose of the provision is to regard a family arrangement made after death as being for capital gains tax purposes an extension of the terms of a will or intestacy and so to relieve the family of a possible charge to the tax.

IrE: The beneficiaries of an estate may agree to re-divide. This is simply an agreement which is made between beneficiaries to re-distribute .. in accordance with their wishes, out of line with the Will or rules of intestacy.

Something went wrong...
+1
6 hrs

amicable partition of the estate

Peer comment(s):

agree AllegroTrans
2 hrs
Thanks, Allegro
disagree Eliza Hall : Partition isn't distribution. It's a decision on how to divide the estate. *ETA* your link is about a rare situation (no will/no provision for division in the will), not just normal distribution, & the heirs must decide whether to accept it..
5 hrs
it is in Quebec, read the link: (in cases where there is no will or no such stipulation in the will), the liquidator must make a proposal for partition of the succession...,
agree Mpoma : yup
4 days
with Elisa or with me?
Something went wrong...
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