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délivrance de legs
CLM 1

Glossary entry

French term or phrase:

partage successoral transactionnel

English translation:

negotiated estate settlement

Added to glossary by AllegroTrans
May 2, 2016 10:37
8 yrs ago
11 viewers *
French term

partage successoral transactionnel

French to English Law/Patents Law (general) Inheritance
This is from a power of attorney to deal with an inheritance. I need the US English term for this.
No guesses please.

De signer l'acte de délivrance de legs particulier et partage successoral transactionnel, dont la teneur ci-après littéralement relatée pourra néanmoins, s'il y a lieu, faire l'objet à l'initiative du mandataire de toute rectification, adaptation, modification mineures qu'il avisera , sans préjudicier aux intérêts du constituant :
Proposed translations (English)
4 (US) Negotiated Probate Settlement; (BrE) DoFa > Deed of Family Arrangement>of Variation of Will
References
possibly useful, or not
Change log

Aug 24, 2016 21:12: AllegroTrans changed "Edited KOG entry" from "<a href="/profile/626010">AllegroTrans's</a> old entry - " partage successoral transactionnel"" to ""(negotiated estate settlement""

Discussion

Daryo May 2, 2016:
partage successoral transactionnel
=
le résultat d'une "transaction"
as often with legal terms, a quite old meaning of "transaction": negotiation/ the resulting agreement
=
negotiated
Lori Cirefice May 2, 2016:
is there a US English term to be found? I assume the difficulty here is "transactionnel", which I understand to be in the "extrajudicial" category (not submitted to probate court). Which term would you use for UK English? Wouldn't something like "negotiated estate settlement" work? Perhaps mediated? But that really wouldn't fit the French definition, which is why I included the title! Apologies for some educated guessing, just wanting to give some ideas!
writeaway May 2, 2016:
Just assumed since you probably know the UK version, it would be easier to do an English (UK) to English (US) search rather than start from the French
AllegroTrans (asker) May 2, 2016:
Thanks but I am au fait with the UK (Engalnd & Wales) term
writeaway May 2, 2016:
Suggest you start with the UK term and search online for the US equivalent.

Proposed translations

3 hrs
Selected

(US) Negotiated Probate Settlement; (BrE) DoFa > Deed of Family Arrangement>of Variation of Will

No time to explain - must rush.




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Note added at 8 hrs (2016-05-02 19:24:15 GMT)
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I've drafted Dofas before now - but for UK consumption only. I cannot see that it is used in the US, but is e.g. in Oz.
Example sentence:

Find out what you need to know about Deeds of Variation. ... In order for a Deed of Family Arrangement to be valid certain

An agreement among heirs and beneficiaries not to contest a will is a way to avoid a costly will contest proceeding. The heirs and beneficiaries negotiate a settlement that may defeat the intention of the testator in how the assets are distributed.

Reference:

http://legal-dictionary.thefreedictionary.com/probate

Note from asker:
this is very helpful, thank you
Something went wrong...
4 KudoZ points awarded for this answer.

Reference comments

1 hr
Reference:

possibly useful, or not

Administration of Wills, Trusts, and Estate
https://books.google.co.uk/books?isbn=1428321764
Gordon Brown, ‎Scott Myers - 2008 - ‎Law
All Rights Reserved. accounting and distribution, to construe the will and adjudicate*** final settlement and distribution of the estate***. After notice to all devisees and ...

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Note added at 1 hr (2016-05-02 12:18:17 GMT)
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Estate of STATE OF MICHIGAN PROBATE COURT ...
courts.mi.gov/administration/scao/forms/.../estatestrusts/pc593.pdf
PC 593 (9/05) PETITION FOR COMPLETE ESTATE SETTLEMENT, TESTACY ... A schedule for the distribution of all remaining assets of the estate is filed and ...

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Note added at 7 hrs (2016-05-02 18:35:20 GMT)
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Also,

Probate and Estate Settlement — The Law Offices of P ...
aitalaw.com/news/2016/4/11/probate-and-estate-settlement
11 Apr 2016 - Probate and estate settlement is the legal process by which debts ... and beneficiaries in trust and ***estate settlement negotiations*** and disputes.
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