Glossary entry (derived from question below)
French term or phrase:
rapport(s)/rapporter à la succession
English translation:
hotchpot equalisation(s) of the estate/bring into hotchpot with the estate
Added to glossary by
suewiddicombe
Jul 7, 2012 16:33
11 yrs ago
18 viewers *
French term
United Kingdom
Translations Italian / French to English
Native in: English
Works in: French to English, Italian to English
rapport(s)/rapporter à la succession
French to English
Law/Patents
Law (general)
Inheritance law
I know what this means (or I think I do): it means that if the heirs have received money (or other assets) from the deceased before his death, then this must be taken into account in the estate so that each heir receives his just share (for example, two children will each receive X but if child 1 was given 10,000 euros by his father, now deceased, then child 1 should receive less than child 2 to compensate for the amount he had already received against his inheritance). Hope this is clear!
My problem is that I don't know how to express this in succinct, legal English. I have seen that some people have suggested a translation of "inclusion in the estate" which is fine as far as it goes but it doesn't go very far since it doesn't suggest that the amounts (or assets) are being given BACK to the estate, figuratively and not literally since they are only included in calculation of the inheritance to which each heir is entitled). Maybe reintegrate...?
Any suggestions MOST welcome. Many thanks.
1. The Court is asked to "dire qu'il appartiendra au Notarie de reconstituer l'actif successoral mobilier de feu M. XXX, en ***rapportant à la succession***:
la donation déguisée dont Mme XXX a bénéficié
les sommes versée au cours de la vie commune..."
etc etc.
2. "Concernant les ***rapports à la succession*** dus par les descendants du défunt: Ils reconnaissent devoir ***rapporter à la succession*** de leur père diverse sommes versées à chacun d'eux par M. XXX, mais contestent devoir rapporter un quelconque produit de vente du terrain..." etc etc.
My problem is that I don't know how to express this in succinct, legal English. I have seen that some people have suggested a translation of "inclusion in the estate" which is fine as far as it goes but it doesn't go very far since it doesn't suggest that the amounts (or assets) are being given BACK to the estate, figuratively and not literally since they are only included in calculation of the inheritance to which each heir is entitled). Maybe reintegrate...?
Any suggestions MOST welcome. Many thanks.
1. The Court is asked to "dire qu'il appartiendra au Notarie de reconstituer l'actif successoral mobilier de feu M. XXX, en ***rapportant à la succession***:
la donation déguisée dont Mme XXX a bénéficié
les sommes versée au cours de la vie commune..."
etc etc.
2. "Concernant les ***rapports à la succession*** dus par les descendants du défunt: Ils reconnaissent devoir ***rapporter à la succession*** de leur père diverse sommes versées à chacun d'eux par M. XXX, mais contestent devoir rapporter un quelconque produit de vente du terrain..." etc etc.
Proposed translations
(English)
| 4 | hotchpot equalisation(s) of the estate/bring into hotchpot with the estate |
Adrian MM. (X)
|
Proposed translations
20 hrs
Selected
hotchpot equalisation(s) of the estate/bring into hotchpot with the estate
Hotchpot and not hot pot: bringing lifetime advancements e.g. of money into account, operating as between prospective beneficiaries, rather than in relation to the lifetime and death-time estate of the deceased.
A bog-standard EN probate and succession mechanism.
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Note added at 20 hrs (2012-07-08 12:58:10 GMT)
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www.wordnik.com/words/hotchpot
A bog-standard EN probate and succession mechanism.
--------------------------------------------------
Note added at 20 hrs (2012-07-08 12:58:10 GMT)
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www.wordnik.com/words/hotchpot
Example sentence:
Thus, a child who has had a portion of an estate in advance of the others is required to bring what he has received into hotchpot, and account for the same.
4 KudoZ points awarded for this answer.
Comment: "Love it - sounds culinary. Thanks"
Discussion
"Reallocating to the estate" might be a little closer. It needs the idea of motion, of returning something (the asset, sum of money, etc) to its (rightful?) place, as in "re-" and "-apporter". "Include" does not suggest it might have been elsewhere. Does this sound silly, or do you see what I mean?
As I said, I know what rapporter means but am stuck as to how to translate it - could I perhaps say "including the value of inter vivos gifts in the estate"? Clumsy compared to the French but if there isn't any direct, succinct translation, it may do. What do you think? (however, don"t want to distinguish between mortis causa and inter vivos gifts - a bit sensitive in this particular text).
As for the question psoted, I agree with others who have suggested include, at least for meaning, the idea being that some beneficiairies under the will are to be considered as already having received part of their inheritance. The notaire has to consider the inter vivos gifts as in fact forming part of the estate. "Rapporter" means to bring back, contribute. Here is a biref summary of what it means :
http://droit-finances.commentcamarche.net/contents/transmiss...
What seems to be happening in your case, is that the gifst made inter vivos are not to be considered as such ; perhaps made to recently, for example. Certain rules have to be respected for a gift inter vivios to be considered just that and not a gift mortis causa, made in anticipation of death. It's all to do with rates of taxation I suspect! There are time limits to be respected for example.
"Reallocation"?