Glossary entry (derived from question below)
French term or phrase:
Héritiers à concurrence de moitié
English translation:
(intestacy) persons entitled as to one half; (testate) beneficiaries of a moiety
Added to glossary by
joannaadamczyk
Mar 24, 2015 11:47
9 yrs ago
17 viewers *
French term
Poland
Héritiers à concurrence de moitié
French to English
Law/Patents
Law (general)
inheritance
From a "Titre de propriété":
"Il est ici précisé que Monsieur Alex X est décédé ab intestat le 19 mai 2012 laissant pour recueillir sa succession ses deux enfants, héritiers à concurrence de moitié, Monsieur Y et Monsieur Z, suite à l’adoption simple prononcée par jugement du Tribunal de Grande Instance en date du ... ."
I understand that the two sons will inherit the property in equal parts but can we say "heirs in equal parts" or what would be the right legal equivalent?
Thank you in advance.
"Il est ici précisé que Monsieur Alex X est décédé ab intestat le 19 mai 2012 laissant pour recueillir sa succession ses deux enfants, héritiers à concurrence de moitié, Monsieur Y et Monsieur Z, suite à l’adoption simple prononcée par jugement du Tribunal de Grande Instance en date du ... ."
I understand that the two sons will inherit the property in equal parts but can we say "heirs in equal parts" or what would be the right legal equivalent?
Thank you in advance.
Proposed translations
(English)
| 3 +1 | (intestacy) persons entitled as to one half; (testate) beneficiaries of a moiety |
Adrian MM. (X)
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| 5 +2 | heirs of one equal half share |
Nikki Scott-Despaigne
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| 5 | in equal shares |
kashew
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Proposed translations
+1
3 hrs
Selected
(intestacy) persons entitled as to one half; (testate) beneficiaries of a moiety
Contrary to past objections on tnis list, a moiety can be one half = 50 and also uneuqal part,
Also heir and beneficiary is not the terminology used in E&W on an intestatcy, namely with no Will. The UK Adminsitration of Estates Ac t 1925 refers to an entitlement on intestacy.
Also heir and beneficiary is not the terminology used in E&W on an intestatcy, namely with no Will. The UK Adminsitration of Estates Ac t 1925 refers to an entitlement on intestacy.
Example sentence:
Entitlement ... Section 47 of the Administration of Estates Act 1925 defines this expression as meaning: (a) equally for all members ...
Reference:
Peer comment(s):
| agree |
Tim Webb
: for "entitled as to one half", as it maintains the ambiguity of the ST which omits the word "chacun". Only the context tells us that they inherited half each (à conc. de moitié chacun), and not just half of the estate together (à conc. de la moitié)
37 mins
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Thanks and a good arithmetical point.
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| neutral |
Nikki Scott-Despaigne
: I was wrong to use "heir" but "beneficiary"certainly is the right term. Cf. s.25 (1) of the Inheritance (Provision for Family and Dependants) Act 1975. Also, the expression "as to one half" is used when describing assets held on trust as to one half.
5 hrs
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Well, thanks for considering the intestacy point because I, unlike other posters, believe it *is* important and can change the meaning of the 'inheritors'.
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4 KudoZ points awarded for this answer.
Comment: "I'm extremely grateful for this contribution! Thank you very much :)"
16 mins
in equal shares
You know héritiers.
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Note added at 1 heure (2015-03-24 12:51:20 GMT)
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heirs in equal shares is ok
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Note added at 1 heure (2015-03-24 12:53:47 GMT)
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e.g. In intestate succession, the following persons shall be heirs to inheritance in equal shares:
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Note added at 1 heure (2015-03-24 12:51:20 GMT)
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heirs in equal shares is ok
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Note added at 1 heure (2015-03-24 12:53:47 GMT)
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e.g. In intestate succession, the following persons shall be heirs to inheritance in equal shares:
Note from asker:
| Sure, thank you very much; but how will it go together? Can I say "heirs in equal shares"? |
| Thank you very much, Kashew! |
Peer comment(s):
| neutral |
Nikki Scott-Despaigne
: Shares can be equal without being a half, yet the original describes half shares.
1 hr
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True.
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+2
1 hr
Nikki Scott-Despaigne
Native in English
Works in field
Psychologist, Court-certified legal
Native in: English 
Works in: French to English
Related KudoZ points
:
451
heirs of one equal half share
There are a couple of wyas of epxressing this but whatever choice is made, you need to convey the strict meaning of the French. The shares are described as "moitié". If you do not convey that notion strictly, you are only providing part of the picture. For example, shares could be one quarter each, (the other half going to an ex-spouse for example or a dogs' home, who knows?). They would be equal but that would be an incorrect rendering of the original which specifies half. The English must do so too.
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Note added at 8 hrs (2015-03-24 20:36:55 GMT)
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NOTE : I ought to have used "beneficiaries". This is the standard term, not "heir"! I was a bit French-influenced. Sorry about that. Here's a reasonable source to confirm.
http://www.legislation.gov.uk/ukpga/1975/63
Note that : "Changes to legislation:There are outstanding changes not yet made by the legislation.gov.uk editorial team to Inheritance (Provision for Family and Dependants) Act 1975. Any changes that have already been made by the team appear in the content and are referenced with annotations."
But note that for terminology, in particularly "beneficiary", then under s. 25 (1) the message is clear.
Inheritance (Provision for Family and Dependants) Act 1975
1975
"25 Interpretation.
(1)In this Act—
“beneficiary”, in relation to the estate of a deceased person, means—
(a)a person who under the will of the deceased or under the law relating to intestacy is beneficially interested in the estate or would be so interested if an order had not been made under this Act, and
(b)a person who has received any sum of money or other property which by virtue of section 8(1) or 8(2) of this Act is treated as part of the net estate of the deceased or would have received that sum or other property if an order had not been made under this Act;
“child” includes an illegitimate child and a child en ventre sa mere at the death of the deceased; [...]
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Note added at 8 hrs (2015-03-24 20:36:55 GMT)
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NOTE : I ought to have used "beneficiaries". This is the standard term, not "heir"! I was a bit French-influenced. Sorry about that. Here's a reasonable source to confirm.
http://www.legislation.gov.uk/ukpga/1975/63
Note that : "Changes to legislation:There are outstanding changes not yet made by the legislation.gov.uk editorial team to Inheritance (Provision for Family and Dependants) Act 1975. Any changes that have already been made by the team appear in the content and are referenced with annotations."
But note that for terminology, in particularly "beneficiary", then under s. 25 (1) the message is clear.
Inheritance (Provision for Family and Dependants) Act 1975
1975
"25 Interpretation.
(1)In this Act—
“beneficiary”, in relation to the estate of a deceased person, means—
(a)a person who under the will of the deceased or under the law relating to intestacy is beneficially interested in the estate or would be so interested if an order had not been made under this Act, and
(b)a person who has received any sum of money or other property which by virtue of section 8(1) or 8(2) of this Act is treated as part of the net estate of the deceased or would have received that sum or other property if an order had not been made under this Act;
“child” includes an illegitimate child and a child en ventre sa mere at the death of the deceased; [...]
Note from asker:
| Great, thank you very much, Nikki! That's a very pertinent remark :) |
| My God, thank you very much to all of you for this professional and extremely useful discussion! |
Peer comment(s):
| agree |
kashew
: Yes, more explicit ;-)
Heirs of equal half shares.
50 mins
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Er, that should be "beneficiaries of an equal half share". The children are the deceased's heirs. In legalese, in reference to the intestacy rules for example, then they are of course "beneficiaries" of the deceased's estate.
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| agree |
philgoddard
: This has the added benefit of being plain English.
8 hrs
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Discussion