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POSICIÓN DE LUCHADOR

Glossary entry

Spanish term or phrase:

Habrá dispensa de colación.

English translation:

there shall be a collation waiver / there shall be an exemption from collation

Sep 25, 2022 16:04
2 yrs ago
40 viewers *
Spanish term

Habrá dispensa de colación.

Spanish to English Law/Patents Law (general) Se trata de un testamento
El párrafo donde aparece la frase es: "En caso de premorir su esposa, su participación acrecerá a sus hijas en partes iguales. Habrá dispensa de colación".
Proposed translations (English)
1 there shall be a collation waiver / there shall be an exemption from collation
4 +3 Hotchpot shall be waived. (or) Advancements shall be exempt from hotchpot.
3 -1 commingling
References
On collation and partition

Discussion

Myriam Seers Sep 27, 2022:
Plain language is a good target to shoot at, without a doubt. However, certain legal terms are terms of art with a precise meaning and we can't just "dumb them down". This is true of all fields with specialized vocabulary (i.e., I think that "cytokinesis", "heterozygous" and "osteoblast" should be rendered plainly, but biologists would have something to say about the matter).
In this case, "hotchpotch" is (unfortunately!) a term of art that refers to the precise common-law equivalent of colación, and therefore must be maintained unless we use "collation", which as Rebecca notes is the English civil-law term.
The plain language version "mixture of property", could be used in a separate, plain-language document intended to explain the document's effects for a lay audience, rather than in the legal instrument itself.
AllegroTrans Sep 26, 2022:
@ Phil No intention to be snide, but what you are saying in essence is that even if a document such as a will contains legal terms unlikely to be understood by a layperson, a translator should replace them by simpler words. Just what term would you propose here? And BTW I have nothing against plain English where it is capable of accurately expressing concepts. But imposing it is NOT a translator's job.
philgoddard Sep 26, 2022:
Allegro There's no need to be snide. I like plain English, you don't. Let's agree to disagree.
AllegroTrans Sep 25, 2022:
@ Phil Perhaps you could post what you consider to be the correct "dummed down" phrase?
philgoddard Sep 25, 2022:
We've had colación several times before.
http://www.proz.com/kudoz/spanish-to-english/law-general/452...
Personally, since this will be read by laypeople as well as lawyers, I wouldn't use words like collation and hotchpot.

Proposed translations

34 mins
Selected

there shall be a collation waiver / there shall be an exemption from collation

Louisiana Collation Law | Scott Vicknair Law
https://www.louisianasuccessionattorney.com › ...
If this happens within three years of the parent's death and there is no collation waiver in the parent's will, the other children who are forced heirs may ...

Successions - Collation of Manual Gifts
https://digitalcommons.law.lsu.edu › cgi › viewcontent
PDF
AB Atkins Jr · 1953 — A. B. Atkins Jr., Successions - Exemptions From Collation - Collation of Manual Gifts ... exemption from collation as regards manual gifts was in LeBlanc v.

Collation Explained - Louisiana Estate Planning Law
http://www.rabalaisestateplanning.com › ...
3 mar. 2018 — ... gifts are exempt from collation. I haven't seen or heard anyone around our office discuss a potential collation claim in decades.

Why is it important to deal with collation in your will? - Linked
Inhttps://www.linkedin.com › pulse
19 nov. 2018 — Collation is the process by which the inheritance of certain descendants (heirs)of the deceased is adjusted to consider any substantial benefits ...

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Note added at 4 days (2022-09-30 11:11:49 GMT) Post-grading
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¡Con gusto!
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4 KudoZ points awarded for this answer. Comment: "¡Gracias!"
+3
1 hr

Hotchpot shall be waived. (or) Advancements shall be exempt from hotchpot.

As andres-larsen notes, “colación” is known as “collation” in English-speaking civil law jurisdictions such as Louisiana. The common law term is “hotchpot”, and the expression “traer anticipos de la herencia a colación” is “to bring advancements into hotchpot”. In the will in question, the testator provides that any advancements already given to heirs will be considered “bienes no colacionables” (“exempt from hotchpot” or “not subject to hotchpot”).

Here’s a definition

Hotchpot—the collecting of property so that it can be redistributed in equal shares, especially on the intestacy of a parent who has given property to his children in his lifetime.
https://www.dictionary.com/browse/hotchpot
Peer comment(s):
agree Adrian MM. : also 'bringing into hotchpot': West. Beware of otiose comments from legally unqualified Englishmen claiming that 'only lawyers will understand the term' https://www.proz.com/kudoz/spanish-to-english/law-patents/52...
50 mins
Thanks, Adrian
agree AllegroTrans
5 hrs
Thanks, Allegro
agree Myriam Seers : Great to see you on here, Rebecca! I've learned so much from you :)
1 day 10 hrs
Thanks so much, Myriam, for your kind comment.
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-1
2 hrs

commingling

As in “The commingling of assets is hereby waived.” I agree with Phil that “hotchpot” is a legal term of art that sounds foreign to the layman’s ears.
Peer comment(s):
disagree Jennifer Levey : Regardless of whether it 'sounds foreign to the layman's ears', 'hotchpot' is relevant to Asker's question; 'commingling' is not: https://en.wikipedia.org/wiki/Commingling
1 hr
Thanks Jennifer for your input.
neutral Adrian MM. : no sign of the dispensa in the asnwer line and 'of Englishmen' means more than one.
11 hrs
neutral Myriam Seers : The fact that it is a legal term of art in the original (a will) is exactly why we need to use the equivalent legal term of art in the translation, even where such term sounds foreign to laypeople. Colación would likewise sound foreign to Spanish laypeopl
1 day 8 hrs
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Reference comments

1 hr
Reference:

On collation and partition

Article 1037 of the Spanish Civil Code states”Collation shall not take place between forced heirs if the donor should have expressly provided it…..” (translation not mine)
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