clause gicleur

16:11 Apr 11, 2016
This question was closed without grading. Reason: Answer found elsewhere

French to English translations [PRO]
Law/Patents - Law: Taxation & Customs / Wills and Estates - Quebec
French term or phrase: clause gicleur
I have come across this term in a discussion about wills and estate trusts.

The full sentence is:

Une clause gicleur est incluse au testament: permet que des revenus soient versés à la discrétion des fiduciaires au bénéficiaire de la fiducie ou à l’un ou l’autre de ses enfants

Can anyone help with this term?
John Fossey
Canada
Local time: 13:20


Summary of answers provided
4(E&W + CanE: Saunders vs. Vautier-type) Discretionary trust clause
Adrian MM. (X)
2clause allowing a trust to be split
B D Finch


Discussion entries: 3





  

Answers


1 hr   confidence: Answerer confidence 2/5Answerer confidence 2/5
clause allowing a trust to be split


Explanation:
I am not sure, but I believe that this does not have a direct translation into English because under English law it would appear to be covered under deeds of variation.

http://www.macfarlanes.com/news-insights/publications/2015/b...
"Deeds of variation

The Chancellor announced, in a very brief way, proposals to review the use of deeds of variation of the wills of deceased persons. The rules for inheritance tax which enable a beneficiary under a will to rewrite the will within two years of death and for those changes to be read back into the will and treated as made by the deceased are well known and have been widely used."

The following gets 522,000 Google hits: clause OU article ET gicleur ET testament
and "clause de gicleur" gets 21,800.


B D Finch
France
Local time: 19:20
Does not meet criteria
Native speaker of: English
PRO pts in category: 35
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4 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
(E&W + CanE: Saunders vs. Vautier-type) Discretionary trust clause


Explanation:
Looks like a discretionary trust bearing the hallmarks of the rule in the case of Saunders vs. Vautier - a scenario where, if all beneficiaries are 'sui juris' (note the time-honou(u)red Latin phrase used since 1841), they can force the trustee(s) to *bring the trust to an end and distribute the trust funds*.

The rule in the case is def. known and used in Canada, even though in the French-speaking part it is arguably known as a 'gicleur' - literally like an 'idling torpedo of the trust'.

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Note added at 4 hrs (2016-04-11 20:26:17 GMT)
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mais aussi au bénéfice de ses propres enfants...

Example sentence(s):
  • Communément appelée « clause gicleur », elle permet aux fiduciaires d’une fiducie créée au bénéfice d’un enfant adulte d’utiliser les revenus fiduciaires non seulement au bénéfice de ce dernier, mais aussi au bénéfice de ses propres en
  • A discretionary trust in Canadian and English trusts law is a trust where the beneficiaries and/or their entitlements to the trust fund are not fixed, but are determined by the criteria set out in the trust instrument by the settlor.

    Reference: http://dir.richardsongmp.com/documents/89405/91238/getimage+...
    Reference: http://lawreformcommission.sk.ca/Saunders_v_Vautier_and_Vari...
Adrian MM. (X)
Local time: 19:20
Meets criteria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 59

Peer comments on this answer (and responses from the answerer)
neutral  philgoddard: I can't see anything in the French about bringing the trust to an end - it's about who the income is paid to. And I don't understand what you mean by "arguably" and "idling torpedo".
1 hr
  -> 1. the Saunders vs. Vautier case was just thrown out for informed debate - hence the brackets. NB the first part of the rule is that the beneficiaries can call for a distribution of the trust fund 2. gicleur (de ralenti) is literally an (idling) autojet.
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