Glossary entry (derived from question below)
French term or phrase:
partage amiable de la succession
English translation:
amicable division/distribution of the estate
French term
partage amiable de la succession
"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...
Nov 15, 2021 11:57: SafeTex Created KOG entry
Proposed translations
amicable division/distribution of the estate
agree |
ormiston
: This is the most convincing translation
9 mins
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Thanks Ormiston
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agree |
AllegroTrans
2 hrs
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Thanks AllegroTrans
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agree |
Michele Fauble
2 hrs
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Thanks Michele
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agree |
Eliza Hall
: Not division, but distribution, yes.
4 hrs
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Thanks and noted
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amicable distribution of inheritance
see https://e-justice.europa.eu/166/EN/succession?FRANCE&init=tr...
neutral |
Andrew Bramhall
: Possibly, but " equitable" probably more to the point;
3 hrs
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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
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private arrangement for distribution of the estate
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
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.
http://www.proz.com/kudoz/french-to-english/law-general/6828422-partage-amiable.html
http://www.ohanlontax.ie/downloads/DisclaimersandDeedsofFamilyArrangements.pdf
amicable partition of the estate
agree |
AllegroTrans
2 hrs
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Thanks, Allegro
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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
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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...,
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agree |
Mpoma
: yup
4 days
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with Elisa or with me?
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Discussion
This area of law is definitely a little tricky.
The meaning of settle an estate is exactly this
"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#:~...
Any comments? Too obvious?