saisi de ses droits

English translation: vested with their rights/interests

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:saisi de ses droits
English translation:vested with their rights/interests
Entered by: AllegroTrans

13:18 Feb 14, 2021
French to English translations [PRO]
Law/Patents - Law (general) / Estate of a deceased (France)
French term or phrase: saisi de ses droits
I don't like "seized of his/her rights"

I know the basic meaning but would like a better term (in GB/Ireland legal English)

TIA!


Dans la mesure où l'héritier légal de premier rang viendrait à renoncer à la succession ou s'il décédait saisi de ses droits mais sans avoir opté, le délai de quatre mois commence à courir pour le ou les héritiers légaux subséquents à partir de la date où s'est produit l'évènement leur donnant la qualité d'héritiers légaux.

L'héritier légal est saisi de plein droit des biens, droits et actions du défunt dès le décès.
AllegroTrans
United Kingdom
Local time: 23:38
vested with their rights
Explanation:
From the thread referenced by writeaway. Convincing to me and appears to fit the context.

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Note added at 4 hrs (2021-02-14 17:44:39 GMT)
--------------------------------------------------

Just checked... https://dictionary.cambridge.org/dictionary/english/vest-sb-... seems to go with "with". And (dare I say it?) lots more ghits.

But "vested of" could well be the more correct usage. Adrian MM might be your man for that. But his answer doesn't reveal which side of the fence he stands on this.
Selected response from:

Mpoma
United Kingdom
Local time: 23:38
Grading comment
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +1seized of any estate of inheritance
Francois Boye
3 +1vested with their rights
Mpoma
3having acquired vested interests in possession E+W by probate assent
Adrian MM.
Summary of reference entries provided
Fwiw-from another site
writeaway

Discussion entries: 7





  

Answers


1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
seized of any estate of inheritance


Explanation:
When any person shall die SEIZED OF ANY ESTATE OF INHERITANCE.

When any person shall die seized of any estate of inheritance in lands, tenements, and hereditaments not devised, the same shall descend to his or her children, and their descendants, in equal parts, the descendants of the deceased child or grandchild to take the share of the deceased parent in equal parts among them. When there shall not be a child or children of the intestate nor descendants of such children, then to the brothers and sisters and father and mother of the intestate and the descendants of such brothers and sisters in equal parts, the descendants of a sister or brother of the intestate to have in equal parts among them their deceased parent's share. If there shall not be a child or children of the intestate, or descendants of such children, or brothers or sisters, or descendants of them, or father or mother, then such estate shall descend, in equal parts, to the grandparents and uncles and aunts, if any there be; otherwise, such estate shall descend in equal parts to the next of kin of the intestate in equal degree, computing by the rules of the civil law. There shall not be any representation among collaterals, except among the descendants of the brothers and sisters of the intestate.
This is the miss code 91-1-3 can you explain to me in lames terms what this means.

Francois Boye
United States
Local time: 19:38
Does not meet criteria
Native speaker of: Native in FrenchFrench
PRO pts in category: 104
Notes to answerer
Asker: what is the "miss code" please? I am translating into GB English


Peer comments on this answer (and responses from the answerer)
agree  Peter Field: https://www.btb.termiumplus.gc.ca/tpv2alpha/alpha-fra.html?l...
13 mins
  -> Thanks!

neutral  Yvonne Gallagher: usual thing is to add the link to quotation (?). As for "This is the miss code 91-1-3 can you explain to me in lames terms what this means" = mumbo jumbo
20 hrs
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3 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
vested with their rights


Explanation:
From the thread referenced by writeaway. Convincing to me and appears to fit the context.

--------------------------------------------------
Note added at 4 hrs (2021-02-14 17:44:39 GMT)
--------------------------------------------------

Just checked... https://dictionary.cambridge.org/dictionary/english/vest-sb-... seems to go with "with". And (dare I say it?) lots more ghits.

But "vested of" could well be the more correct usage. Adrian MM might be your man for that. But his answer doesn't reveal which side of the fence he stands on this.


Mpoma
United Kingdom
Local time: 23:38
Meets criteria
Specializes in field
Native speaker of: English
PRO pts in category: 70
Notes to answerer
Asker: Thanks! I'm torn between "vested with" and "vested of"


Peer comments on this answer (and responses from the answerer)
agree  Eliza Hall: But I'd say "vested with their interest" or "with their rights in the estate," for clarity. In EN legalese we probably wouldn't just say "rights" all by itself in this context.
3 hrs
  -> thanks
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3 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
having acquired vested interests in possession E+W by probate assent


Explanation:
I'm not quite sure why the asker had been none too keen on Wordwatcher's - and my other past City of London notarial mentors' - answer of 'having acquired vested rights' but I thought that the mechanics in French law are that 1. there is an envoi en possession, namely an automatic vesting in possession where there is no forced or 'reserved heir / ess' 2. probate is the preliminary stage for the PRs - the personal representatives 'assenting' the estate - legacies and devises - to the rightful heirs. In ENG law, they may need to make that probate conveyance to themselves first before passing on the estate.

UK Admin. of Estates Act 1925: ' (1) A personal representative may assent to the vesting, in any person who (whether by devise, bequest, devolution, appropriation or otherwise) may be entitled thereto, either beneficially or as a trustee or personal representative, of any estate or interest in real estate to which the testator or intestate was entitled or over which he exercised a general power of appointment by his will, including the statutory power to dispose of entailed interests, and which devolved upon the personal representative.

(2) The assent shall operate to vest in that person the estate or interest to which the assent relates, and, unless a contrary intention appears, the assent shall relate back to the death of the deceased.'

But for the probate vs. assent mix-up, I agree with the Translators' Cafe vesting answers.

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Note added at 5 heures (2021-02-14 18:59:15 GMT)
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'.. But "vested of" could well be the more correct usage. Adrian MM might be your man for that. But his answer doesn't reveal which side of the fence he stands on this.'

I'd avoid making a person, rather than the rights, vest and dodge the prepositional answer. So, for instance, 'dies entitled to his or her interests vested /absolutely/ in possession.'

Example sentence(s):
  • Il faut également noter que, seuls les légataires universels > approx. residuary beneficiaries of the whole > peuvent demander l'envoi en possession. Cette formalité n'est pas nécessaire pour les héritiers légaux > approx. heirs-at-law.
  • Vested in possession is a term used to indicate an interest which gives a right to immediate enjoyment of an interest in property as opposed to an * interest vested in remainder.*

    Reference: http://www.proz.com/kudoz/french-to-english/law-general/4877...
    Reference: http://www.co-oplegalservices.co.uk/media-centre/articles-ja...
Adrian MM.
Austria
Meets criteria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 359
Notes to answerer
Asker: Thank you Adrian, missed your previous KidoZ

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Reference comments


2 hrs peer agreement (net): +3
Reference: Fwiw-from another site

Reference information:
with a couple of reliable translator colleagues who used to be on Proz

https://www.translatorscafe.com/tcterms/en-US/question.aspx?...

writeaway
Meets criteria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 617
Note to reference poster
Asker: Thank you and "vested" is definitely the verb needed here


Peer comments on this reference comment (and responses from the reference poster)
agree  Mpoma: looks good... if you put in an answer I'll delete mine
39 mins
  -> Thanks but I'm good with just the reference.
agree  Rachel Fell
41 mins
  -> Thank you Rachel
agree  Yvonne Gallagher
19 hrs
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