16:11 Apr 11, 2016 |
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French to English translations [PRO] Law/Patents - Law: Taxation & Customs / Wills and Estates - Quebec | |||||||
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Summary of answers provided | ||||
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4 | (E&W + CanE: Saunders vs. Vautier-type) Discretionary trust clause |
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2 | clause allowing a trust to be split |
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Discussion entries: 3 | |
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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. |
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(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'. -------------------------------------------------- Note added at 4 hrs (2016-04-11 20:26:17 GMT) -------------------------------------------------- mais aussi au bénéfice de ses propres enfants... Example sentence(s):
Reference: http://dir.richardsongmp.com/documents/89405/91238/getimage+... Reference: http://lawreformcommission.sk.ca/Saunders_v_Vautier_and_Vari... |
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