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assignée

English translation: received notice (via her estate)

13:39 Aug 29, 2019
French to English translations [PRO]
Law/Patents - Law (general) / Paternity case
French term or phrase: assignée
Hello,
This comes from a paternity case related to an estate. As Madame xxx is the deceased, assignée can't mean "summons" can it?
En l'espèce, Madame xxx ne fut assignée dans le cadre de la présente procédure qu'en raison du fait qu'elle est héritière de son mari prédécédé, Monsieur xxx.
Thanks for any help!
Anne Greaves
United Kingdom
Local time: 11:29
English translation:received notice (via her estate)
Explanation:
Akin to third-party notice, but not called impleader in UK civil - only criminal - cases.

If she is already dead, then - as per the Harvard Uni. Socratic method of questions-and-answers law lecture movie - it is her estate (acting 'by' her PRs - personal representatives) who would have been given notice.
Selected response from:

Adrian MM.
Austria
Grading comment
Thanks for your help!
4 KudoZ points were awarded for this answer



Summary of answers provided
5 +1named
Simon Charass
4 +1summoned to appear
Eliza Hall
3received notice (via her estate)
Adrian MM.


  

Answers


1 hr   confidence: Answerer confidence 5/5 peer agreement (net): +1
named


Explanation:
My way of reading it.

Simon Charass
Canada
Local time: 06:29
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in FrenchFrench
PRO pts in category: 24

Peer comments on this answer (and responses from the answerer)
neutral  writeaway: I am not so sure. With 100% confidence, it's best/fairest to show at least one reference and/or provide an explanation.
3 hrs
agree  Ben Gaia: Yes as in identified in relation to the case, as a deceased person cannot be summoned except by a medium!
4 hrs
agree  AllegroTrans
10 hrs
disagree  Eliza Hall: Named doesn't mean anything legally. Assigné does mean something legally.
1 day 1 hr
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4 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
summoned to appear


Explanation:
It sounds like she was the subject of an assignation (summons) because she was the heir of her late husband's estate, and the putative child's claim against the estate therefore affected her interests.

That's a fancy legal way of saying that she had to be formally notified about the proceedings because the plaintiff (the alleged child of her late husband) was seeking money from her late husband's estate, and that money was now legally hers because her husband had died.

Eliza Hall
United States
Local time: 06:29
Specializes in field
Native speaker of: English
PRO pts in category: 145
Notes to answerer
Asker: Can this be possible if she's deceased?

Asker: Can this be the case if she is deceased?


Peer comments on this answer (and responses from the answerer)
agree  writeaway: yup
18 mins
neutral  Ben Gaia: Yes to "formally notified ".//Sorry I understood her to be deceased from the question.
52 mins
  -> Re your comment on Simon's translation, she isn't dead; she survives her late husband and inherited his estate.
agree  Francois Boye
8 hrs
disagree  Adrian MM.: 'Madame xxx is the deceased'. The post-deceased wife would have to be raised from the dead like Lazarus to enter an appearance. The mechanics in France and elsewhere are routinely that her own estate is deemed to receive the notice or summons.
22 hrs
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14 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
assignée
received notice (via her estate)


Explanation:
Akin to third-party notice, but not called impleader in UK civil - only criminal - cases.

If she is already dead, then - as per the Harvard Uni. Socratic method of questions-and-answers law lecture movie - it is her estate (acting 'by' her PRs - personal representatives) who would have been given notice.

Example sentence(s):
  • Can a deceased person's surviving spouse pursue this class action suit? My husband died in 2010. Today 1/23/12 I received a notice that he may be part of the Discover class action suit.

    Reference: http://www.proz.com/kudoz/french-to-english/law-patents/5550...
    Reference: http://www.avvo.com/legal-answers/can-a-deceased-person-s-su...
Adrian MM.
Austria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 359
Grading comment
Thanks for your help!

Peer comments on this answer (and responses from the answerer)
disagree  Eliza Hall: It's not her estate, it's her late husband's. And assignation isn't mere notice.
12 hrs
  -> '... Madame xxx is the deceased...' Her husband is predeceased. So it's her succession/ probated estate that receives the summons deemed to be served on her. You have handled claims against estates of decedents/ deceased persons, I assume..
agree  Ben Gaia
15 hrs
  -> Thanks. I didn't add 'given deemed notice' in case anyone commented about not 'seeing any hint of deeming'.
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