GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW) | ||||||
---|---|---|---|---|---|---|
|
14:01 Dec 15, 2019 |
French to English translations [PRO] Law/Patents - Law (general) / inheritance | |||||||
---|---|---|---|---|---|---|---|
|
| ||||||
| Selected response from: Adrian MM. Austria | ||||||
Grading comment
|
Summary of answers provided | ||||
---|---|---|---|---|
4 +2 | gift subject to hotchpot |
| ||
5 +1 | donation/gift subject to collation |
|
Summary of reference entries provided | |||
---|---|---|---|
Article 778 Civil Code |
| ||
Article 778 ... etc |
|
Discussion entries: 5 | |
---|---|
gift subject to hotchpot Explanation: as per Bridge's FR/ENG glossary as opposed to 'property that must be returned to the succession (sic. > estate)', Navarre. So lifetime gifts to a beneficiary - or 'advancements' to set up the latter in life - must be brought into account or credited against gifts under a Will by the same donor/ testator or testatrix (brought into hotchpot with the legacies or devises). ... ou réductible > subject to abatement vs. ademption /wipe-out altogether). NB 'hotchpottable or abatable' are infeasible, so implausible. Hotchpot - cognate with hotchpotch and also used as a term in cross-border insolvencies - is not to be confused with a hot-pot in culinary terms or the name of the restaurant in London. -------------------------------------------------- Note added at 2 days 53 mins (2019-12-17 14:55:19 GMT) -------------------------------------------------- You are welcome! You could always post réductible as a separate question - and pray that a Notary Public or Solicitor, UK, Irish or French, will pick up on the query. Phil G. rightly IMO links the 'reduction' to the hotchpot of a beneficiary accounting for lifetime handouts that end up credited against the 'reserved share' and Willed gifts of money or chattels (legacies) or land incl. building (devises). The subtraction means that the Willed gift is reduced e.g. abates. Example: a beneficiary receives € Euro 10,000 from her parent during the lifetime of the latter who, as next-of-kin, is entitled to a reserved share (an automatic, entrenched portion) on the parent's death of € Euro 15,000. The latter portion is brought into hotchpot, so 'reducible' to (subject to abatement) to € Euro 5,000. If the reserved share or Willed gift had been € Euro 10,000, the gift would be reduced or abate to vanishing point, so wiped out = 'adeemed' by dint of 'ademption'. -------------------------------------------------- Note added at 2 days 57 mins (2019-12-17 14:59:46 GMT) -------------------------------------------------- Correction: .... lifetime of the latter. The former (daughter), as next-of-kin, is entitled to... Reference: http://iate.europa.eu/search/standard/result/1576420542185/1 Reference: http://legal-dictionary.thefreedictionary.com/hotchpot |
| ||
Notes to answerer
| |||