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reasegurador
Jun 14, 2022 20:44
2 yrs ago
38 viewers *
Spanish term

con cargo al tercio de mejora

Spanish to English Law/Patents Law (general) testamento
buenas tardes noches, agradezco una sugerencia sobre cómo traducir adecuadamente la frase indicada, que figura en la cláusula de un testamento en el que se dice :
lego a cada uno de mis nietos, CON CARGO AL TERCIO DE MEJORA y en lo que excediere al de libre disposición, x participaciones sociales de las que tiene el testador en la sociedad mercantil Z,
Proposed translations (English)
4 out of the voluntary, extra one-third portion ('top-up')
3 -1 burdened by the "betterment" one third portion
References
tercio de mejora
the one third "betterment" portion
Change log

Jun 14, 2022 20:46: abe(L)solano changed "Language pair" from "English to Spanish" to "Spanish to English"

Discussion

John Rynne Jun 16, 2022:
@Toni I think that's a good translation. Since we are trying to map two very different systems, we cannot avoid long-winded translations since there is no short way to say these things.
Toni Castano Jun 15, 2022:
@John i understand your misgivings regarding the translation "third of the estate disposable at will". "At will" is the problem here, I see. And I agree with you that this translation reflects the idea of the "tercio de libre disposición", so it is not satisfactory.
How about then "third distributed among succesors/heirs as the testator decides". It is a very descriptive approach (and a long rendering, pax Adrian :-)), but the best that I can come up with.
John Rynne Jun 15, 2022:
@Adrian Not sure I understand you re. "free: cuota disponible", but I sincerely doubt anyone would read "at will" as meaning "by means of the last will and testament" since we are already deep in the weeds at this point.
Adrian MM. Jun 15, 2022:
@ Toni C. & John R. 'at will' Thanks for both of your insights. My reservation about 'one third of the (free : cuota disponible) estate apportionable at will' (cf. John R's comment inbetween of "tercio de libre disposición") is the inherent ambiguity of 'at will', namely randomly or even doubling (gulp!) as meaning 'by will'.

I vaguely remember our City Notaries using a 'one-third, free estate improvement on the statutory entitlement' but will wait for one of them on ProZ perchance to come in on this..

Betterment I have seen - in conveyancing - only in connection with UK Betterment Levy Tax: 'Betterment levies are a form of tax or a fee levied on land that has gained in value because of public infrastructure investments. They are considered the most direct form of value capture' (Peterson 2009).
John Rynne Jun 15, 2022:
@Toni I like "one-third of the estate apportionable at will", but, strictly speaking, I think it's a translation of "tercio de libre disposición" — i.e. the part of the estate that may be freely given to anyone, regardless of their connection with the testator (the proverbial dogs and cats home comes to mind :-).
The "tercio de mejora" is freely apportionable but only among the testator's heirs, and the law says who they are. So the only freedom available to the testator in the "tercio de mejora" is the share given to each heir.
Toni Castano Jun 15, 2022:
@Adrian Hola Adrian. I´ve been thinking for a while about this really complex piece of typical Spanish succession law. The Spanish was clear to me from the beginning, but the translation into English seems difficult, at least to me, since your UK system is based on the “laissez faire” of the testator, and ours , to the contrary, on the strict legal reglamentation imposed by our Código Civil.
The translation included in your second link (one third of the estate apportionable at will) is what I like the best so far for our “tercio de mejora”, This “tercio” simply means that one third of the estate must be distributed among the surviving successors of the deceased person (testator) in (and this is the key point!) whatever way the deceased set out in their will.
“Betterment” as used in testamentary law in the UK is something I am not familiar with at all.
@Peixe: I just hope we can all help you with our insights.

Proposed translations

-1
1 hr

burdened by the "betterment" one third portion

Under the Spanish Civil Code, the spouse of the deceased is entitled to the lifetime usufruct of a third of the inheritance (known as «betterment third»). The spouse has the exclusive right to use the property until their death, after which, the property passes down to the children of the testator. The spouse cannot change who the beneficiaries to the property are, and in turn, the children cannot forcefully remove the spouse from the estate. Seguir leyendo «THE «SOCINI» CLAUSE»
Publicado en Blog, English, Wills and Probate


https://albertoperezcedillo.wordpress.com/category/blog/engl...

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Note added at 1 hr (2022-06-14 22:08:33 GMT)
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Note that some translations prefer "improvement". I do not.

The Inheritance Rights of the Widows in Spain - Mariscal ...
https://www.mariscal-abogados.com › the-inheritance-ri...
15 Jul 2014 — Article 823 of the CC regulates betterment. Article 823 indicates that the deceased (mother or father) may freely dispose of 1/3 of the estate ( ...

Kind of heirs. Three parts of an inheritance in Spain. How to ...
https://www.arcos-lamersasociados.com › kind-of-heirs-...
27 Jul 2015 — The Spanish law acknowledges 1/3 of the estate of the deceased person to this type of heirs. Legatees: They inherit specific things like an ...

Will in Spain | Spanish Will | Inheritance Tax Laws - Global ...
https://www.globalpropertyguide.com › Europe › Inher...
11 Jan 2012 — The estate of the deceased therefore consists of: The legitimate portion or legitimate third;; The improvement third, which could cause a ...

Who Inherits Property in Spain? - Spanish Probate Matters
https://www.spanishprobatematters.com › who-inherits-...
Are you facing the problems of getting an inheritance in Spain? ... This second third is called “mejora” (improvement) and if there is no will or the will ...

The usufruct in the Spanish Wills - V&O Lawyers Marbella
https://www.volawyers.com › the-usufruct-in-the-spanis...
The constitution of the usufruct may be legal if imposed by law (legitima for the improvement third in favour of the widowed spouse) or voluntary if it arises ...
Peer comment(s):
disagree John Rynne : "burden" has nothing to do with it. This bequest is "coming from" the "tercio de mejora". RESPONDING -- "con cargo a" = "charged to"/"debited against" ("cargo" is an accounting term)
6 hrs
I would be interested to know your own translation for "con cargo al"
Something went wrong...
12 hrs

out of the voluntary, extra one-third portion ('top-up')

> top-up of the entrenched > statutory portion over and above the 'legítima' as an automatic entitlement (UK Solicitor-speak: 'entrenched portion'); Scots law: legitim.

Not strictly a 'special bequest', as that connotes an impromptu gift.

Mejora: extra portion in a Will (beyond the birthright portion); West.

> and a common translation point in City of London Scrivener-Linguist SPA/ENG notarial translation-exam papers.

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Note added at 13 hrs (2022-06-15 09:56:07 GMT)
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Also cut to an 'additional'bounty' in the Anglo-Irish Law of Equity: 'Satisfaction of Portion Debts by Legacies > the law presumes that the giving of the benefit was intended to satisfy the debt or obligation in question and was not by way of *additional bounty* ' https://www.studocu.com/en-ie/document/national-university-o...
Example sentence:

cuarta de mejora: quarter of the estate that is a special bequest of more than the birthright (and perhaps spousal)... Marian Greenfield 4 quarter for betterment

complément de réserve English translation: a top-up to a reserved share of inheritance Entered by: Adrian MM.

Reference:

http://www.proz.com/kudoz/spanish-to-english/law-general/7039133-cuarta-de-mejoras.html

http://www.proz.com/kudoz/spanish-to-english/bus-financial/128654-tercio-de-mejora.html

Note from asker:
buen fin de semana, peixe
Something went wrong...

Reference comments

11 mins
Reference:

tercio de mejora

Como hemos visto el tercio de mejora hace referencia a ***una tercera parte de los bienes de testador de la que este puede disponer para favorecer ***...
Reference:

https://mation.es/tercio-de-mejora-en-herencia/

Peer comments on this reference comment:
agree AllegroTrans
58 mins
Something went wrong...
1 hr
Reference:

the one third "betterment" portion

Under the Spanish Civil Code, the spouse of the deceased is entitled to the lifetime usufruct of a third of the inheritance (known as «betterment third»). The spouse has the exclusive right to use the property until their death, after which, the property passes down to the children of the testator. The spouse cannot change who the beneficiaries to the property are, and in turn, the children cannot forcefully remove the spouse from the estate. Seguir leyendo «THE «SOCINI» CLAUSE»
Publicado en Blog, English, Wills and Probate
Reference:

https://albertoperezcedillo.wordpress.com/category/blog/english/wills-and-probate/

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