Oct 11, 2012 07:02
12 yrs ago
16 viewers *
Dutch term
akte afgifte legaat
Dutch to English
Law/Patents
Law (general)
law of succession/estate
Weet iemand de juiste Engelse vertaling van "akte afgifte legaat"? Ik kom zelf niet verder dan "notarial deed of delivery (of possession) of legacy". Maar ik weet niet zeker of dit juist is. Deze term komt voor in en erfrechtverklaring.
Alvast hartelijk dank!
Alvast hartelijk dank!
Proposed translations
(English)
3 | deed of delivery of a legacy | Terry Costin |
3 | Deed of Vesting of Gift; Deed of Assent (of land or leasehold) | Adrian MM. (X) |
Proposed translations
5 days
deed of delivery of a legacy
Heb deze nagevraagd, en volgens Aart van den End (jur-lex samensteller, een 'legacy' is geen 'gift'.
Checked this out and according to the Jur-econ lex author, a gift is not a legacy ( I had the same idea).
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Note added at 5 days (2012-10-16 15:22:18 GMT)
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D. E. C. Yale (1970). The Delivery of a Deed. The Cambridge Law Journal, 28, pp 52-74 doi:10.1017/S0008197300011600
Articles
The Delivery of a Deed
D. E. C. Yale
“The law as to ‘delivery’ of a deed is of ancient date,” said Lord Denning M.R. in a recent case, “but it is reasonably clear. A deed is very different from a contract. On a contract for the sale of land, the contract is not binding on the parties till they have exchanged their parts. A deed is binding on the maker of it, even though the parts have not been exchanged, as long as it has been signed, sealed and delivered. ‘Delivery’ in this connection does not mean ‘handed over’ to the other side. It means delivered in the old legal sense, namely, an act done so as to evince an intention to be bound. Even though the deed remains in the possession of the maker, or of his solicitor, he is bound by it if he has done some act evincing an intention to be bound, as by saying: ‘I deliver this my act and deed.’ He may, however, make the ‘delivery’ conditional: in which case the deed is called an ‘escrow’ which becomes binding when the condition is fulfilled.”
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Note added at 5 days (2012-10-16 15:45:48 GMT)
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But now I found this:
It is one of the two estates in land that are legal estates. The other is fee (simple or life).
Legacy
TSEM6059, TSEM6535
A legacy is strictly a gift of personal property in a will. The word is often used loosely to include real property. The correct word for a gift of real property is devise. The executor must assent to a legacy before the legatee gets it.
There are three types of legacy
•Specific legacy
The gift is a definite thing that is clearly identified. It may, for example, be ‘my horse Ringmaster’.
•General legacy
The legacy is not confined to one particular thing. It is often money, although ‘the £100 in a tin box under my bed’ would be a specific legacy.
•Demonstrative legacy
The legacy specifically refers to the source from which it is to be paid. This could be ‘£500 from my building society account’.
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Which now leaves me in doubt as to what is what.
Since it is a deed of issuance, but more specifically, delivery, where it means the deed is valid from the moment it is signed, unlike a contract unless the deed is drawn up on a conditional basis, then ''deed of delivery'' still seems to be right to me.
Checked this out and according to the Jur-econ lex author, a gift is not a legacy ( I had the same idea).
--------------------------------------------------
Note added at 5 days (2012-10-16 15:22:18 GMT)
--------------------------------------------------
D. E. C. Yale (1970). The Delivery of a Deed. The Cambridge Law Journal, 28, pp 52-74 doi:10.1017/S0008197300011600
Articles
The Delivery of a Deed
D. E. C. Yale
“The law as to ‘delivery’ of a deed is of ancient date,” said Lord Denning M.R. in a recent case, “but it is reasonably clear. A deed is very different from a contract. On a contract for the sale of land, the contract is not binding on the parties till they have exchanged their parts. A deed is binding on the maker of it, even though the parts have not been exchanged, as long as it has been signed, sealed and delivered. ‘Delivery’ in this connection does not mean ‘handed over’ to the other side. It means delivered in the old legal sense, namely, an act done so as to evince an intention to be bound. Even though the deed remains in the possession of the maker, or of his solicitor, he is bound by it if he has done some act evincing an intention to be bound, as by saying: ‘I deliver this my act and deed.’ He may, however, make the ‘delivery’ conditional: in which case the deed is called an ‘escrow’ which becomes binding when the condition is fulfilled.”
--------------------------------------------------
Note added at 5 days (2012-10-16 15:45:48 GMT)
--------------------------------------------------
But now I found this:
It is one of the two estates in land that are legal estates. The other is fee (simple or life).
Legacy
TSEM6059, TSEM6535
A legacy is strictly a gift of personal property in a will. The word is often used loosely to include real property. The correct word for a gift of real property is devise. The executor must assent to a legacy before the legatee gets it.
There are three types of legacy
•Specific legacy
The gift is a definite thing that is clearly identified. It may, for example, be ‘my horse Ringmaster’.
•General legacy
The legacy is not confined to one particular thing. It is often money, although ‘the £100 in a tin box under my bed’ would be a specific legacy.
•Demonstrative legacy
The legacy specifically refers to the source from which it is to be paid. This could be ‘£500 from my building society account’.
____________
Which now leaves me in doubt as to what is what.
Since it is a deed of issuance, but more specifically, delivery, where it means the deed is valid from the moment it is signed, unlike a contract unless the deed is drawn up on a conditional basis, then ''deed of delivery'' still seems to be right to me.
1 day 3 hrs
Deed of Vesting of Gift; Deed of Assent (of land or leasehold)
A website shows that a house, namely land, can be a legaat - which is a devise and not a legacy or bequest of goods, money or chattels in EN.
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Note added at 8 days (2012-10-19 19:23:56 GMT)
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I used 'gift' - in the E&W probate and notarial sense - to include both a bequest or legacy of chattels and devise of land. The latter cannot be ruled out, though it's unclear to me from the Dutch and the context.
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Note added at 8 days (2012-10-19 19:23:56 GMT)
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I used 'gift' - in the E&W probate and notarial sense - to include both a bequest or legacy of chattels and devise of land. The latter cannot be ruled out, though it's unclear to me from the Dutch and the context.
Reference:
http://www.uitvaart.nl/notarieel/afwikkeling-nalatenschap/met-testament/legaat-huis/9671/9671
Discussion
Sounds more like a 'deed of surrender' to me. (deed of surrender of a bequest)
see: 'afgifte van een legaat' = 'surrender of a bequest': http://books.google.co.uk/books?id=NDqz682sg7gC&pg=PA60&lpg=...
or 'deed of variation'. see:
'A Deed of Variation can also be referred to as an Instrument of Variation, a Family Arrangement, a Deed of Surrender, or a Deed of Assignment. In a nutshell, a Deed of Variation changes a Will after death and enables the beneficiaries of a deceased’s estate to alter the distribution of that estate, or relinquish a bequest from an estate, by changing the deceased’s Will.' (http://therightwillcamberley.co.uk/wp-content/uploads/2011/1... )