udtages

English translation: take / be taken (out of my estate in satisfaction of her share)

12:40 Nov 8, 2023
Danish to English translations [PRO]
Law/Patents - Law: Contract(s)
Danish term or phrase: udtages
This appears in a will and I'm not 100% sure how to interpret it:

Eventuelle faste ejendomme udenfor Danmark skal udtages med ½ af [min ægtefælle] som en del af hen­des boslod og arves af Son 1 og Son 2 med hver 1/3.

She gets half and the kids get a third each of the remaining half?
Michael Purvis
English translation:take / be taken (out of my estate in satisfaction of her share)
Explanation:
Time to revert to this vexed question with a streamlined and hopefully simplified answer, if indeed I have understood and construed this Will rightly :

> Eventuelle faste ejendomme udenfor Danmark skal udtages med ½ af [min ægtefælle] som en del af hen­des boslod og arves af Son 1 og Son 2 med hver 1/3.

'any landed / freehold properties outside of (Scots: outwith) Denmark shall be taken as to ½ by [my spouse] as a part of her automatic entitlement/ entrenched portion = in satisfaction of her share and (the one-half residue = remainder) inherited by Son 1 and Son 2 as to 1/3 each.'

Otherwise, as the asker surmises, the sums don't add up e.g. ½ + 2/3 makes more than the estate total - which begs the question of who takes the last 1/3 of the one-half residue (balance), if not set aside for probate and legal fees (or a secret beneficiary, like a 'long lost child').
Selected response from:

Adrian MM.
Austria
Grading comment
4 KudoZ points were awarded for this answer



Summary of answers provided
5withdraw
Alexander Stasinopoulos
3 +1take / be taken (out of my estate in satisfaction of her share)
Adrian MM.


Discussion entries: 1





  

Answers


6 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
udtage/s
take / be taken (out of my estate in satisfaction of her share)


Explanation:
Time to revert to this vexed question with a streamlined and hopefully simplified answer, if indeed I have understood and construed this Will rightly :

> Eventuelle faste ejendomme udenfor Danmark skal udtages med ½ af [min ægtefælle] som en del af hen­des boslod og arves af Son 1 og Son 2 med hver 1/3.

'any landed / freehold properties outside of (Scots: outwith) Denmark shall be taken as to ½ by [my spouse] as a part of her automatic entitlement/ entrenched portion = in satisfaction of her share and (the one-half residue = remainder) inherited by Son 1 and Son 2 as to 1/3 each.'

Otherwise, as the asker surmises, the sums don't add up e.g. ½ + 2/3 makes more than the estate total - which begs the question of who takes the last 1/3 of the one-half residue (balance), if not set aside for probate and legal fees (or a secret beneficiary, like a 'long lost child').


Example sentence(s):
  • his doctrine of satisfaction may be understood in two senses: Satisfaction of a debt by legacy. Satisfaction of portion(-) debts by legacy or subsequent portions.
  • Statutory share of the joint estate (Boslod) (Family law). The share of the joint estate which each spouse receives upon a division of the joint estate in case of a divorce. (query if there is a legal separation or divorce here)

    Reference: http://www.proz.com/kudoz/danish-to-english/law-general/6675...
    Reference: http://www.legaldesk.dk/privat/aegtepagt/bodel-og-boslod
Adrian MM.
Austria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 24

Peer comments on this answer (and responses from the answerer)
agree  Hanne Sterndorf
12 hrs
  -> Tusen takk ! I can't help but feeling that someone can't count, namely the sons' portions should rather be one-quarter = 1/4 each.
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5 days   confidence: Answerer confidence 5/5
withdraw


Explanation:
If "udtages" is used in a context where something is being removed, extracted, or taken out, "withdraw" is an appropriate translation. For example, "En vare kan udtages fra lageret" can be translated as "A product can be withdrawn from the warehouse."

Example sentence(s):
  • A product can be withdrawn from the warehouse.
Alexander Stasinopoulos
Denmark
Local time: 08:31
Native speaker of: Native in DanishDanish
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