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Sancionando con legítima estricta al legitimario que no acatare esta disposición

English translation: any heir failing to comply with this requirement will receive only the statutory minimum inheritance

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:Sancionando con legítima estricta al legitimario que no acatare esta disposición
English translation:any heir failing to comply with this requirement will receive only the statutory minimum inheritance
Entered by: Ellie Weekes

10:24 Jan 18, 2024
Spanish to English translations [PRO]
Law/Patents - Law (general) / Testamento
Spanish term or phrase: Sancionando con legítima estricta al legitimario que no acatare esta disposición
This is part of a will and testament, and I'm not sure what it's referring to. The rest of the paragraph is as follows:

Lega a su nombrada esposa el usufructo universal y vitalicio de su herencia, con relevación de inventario y de fianza, pudiendo entrar por sí sola en la posesión de este legado, con el cual se entenderá pagada su cuota legal usufructuaria, sancionando con legítima estricta al legitimario que no acatare esta disposición, y si ninguno la acataré percibirá aquella el tercio de libre disposición en pleno dominio, sin perjuicio de su cuota vidual.
Ellie Weekes
Spain
Local time: 21:59
any heir failing to comply with this requirement will receive only the statutory minimum inheritance
Explanation:
I think the two previous answers are along the right lines, but they're not easy to understand.

Legitima estricta
This term refers to the part – two thirds – of an estate which the testator cannot freely dispose of, and could be translated into English as 'compulsory share'. One part of the legítima must be equally distributed amongst the forced heirs and is called legítima estricta.
http://www.icr-translations.com/blog/spanish-succession-conc...
Selected response from:

philgoddard
United States
Grading comment
Perfect thank you!
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +2any heir failing to comply with this requirement will receive only the statutory minimum inheritance
philgoddard
4 +1penalizing the heir who fails to comply with this regulation with the minimum entitlement
Joaquín Carrillo Bascary
4punish, by abatement to a bare automatic entitlement, such forced heir as disregards this provision
Adrian MM.


  

Answers


1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
penalizing the heir who fails to comply with this regulation with the minimum entitlement


Explanation:
Basically, there are more beneficiaries than the wife, and they are getting more than the bare minimum they should. However, if the others don't comply with that "life usufruct" then their sanction will be to see their portion reduced to the bare minimum the law contemplates.

--------------------------------------------------
Note added at 5 hrs (2024-01-18 15:48:24 GMT)
--------------------------------------------------

As John Rynne noted, I should have used the word "provision" instead of "regulation"

Joaquín Carrillo Bascary
Argentina
Local time: 16:59
Works in field
Native speaker of: Native in SpanishSpanish
PRO pts in category: 4

Peer comments on this answer (and responses from the answerer)
neutral  Andrew Bramhall: penalising the heir with a minimum entitlement if/should they fail to comply...
2 hrs
  -> Tx!
agree  Steven Huddleston
3 hrs
  -> Tx!
neutral  John Rynne: except it's not a "regulation", it's more a provision of the will
3 hrs
  -> Absolutely! I was translating a document with lots of "regulations" LOL. Thanks!
neutral  philgoddard: I don't think this is at all clear. And surely the idea is not 'the heir' but 'any heir'. And what is this 'bare minimum'?
4 hrs
  -> The bare minimum, my fellow translator, will depend on the legislation of the country. Still, I understood he's looking for an explanation so as to understand the meaning and then see how to translate it. Thanks anyways!
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5 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
sancionar con legítima estricta al legitimario que no acatare esta disposición
punish, by abatement to a bare automatic entitlement, such forced heir as disregards this provision


Explanation:
More than the maximium ProZ 10-word asking limit, but never mind.

Penalis/ze not repeated as the answer would not otherwise fit on to the answer line.

Note: el legitimario que no acatare : a present or future subjunctive mood can be usefully reflected by a 'such ... as' construction.

Abatement: probate-speak for reduction, as opposed to ademptionas a total wipe-out.

West: 1. acatar: comply with 2. la legítima estricta : 'one-third of an estate that the testator (testatrix) by law must leave to his (her) lawful heirs & 3. legitimario : *forced* heir (hitherto in E&W vs. 'bairn's part' in Scotland : approx. a person entitled as on intestacy, so on the 'statutory trusts' and in the statutory order of entitlement of next-of-kin.

As John R. writes, disposición is a Will provision or testamentray disposition, rather than a reg.

Example sentence(s):
  • IATE: es heredero forzoso legitimario en heir who cannot be totally disinherited COM person entitled to a reserved share forced heir
  • A statutory trust is set up automatically under the terms of legislation. For example, the laws of intestacy in England and Wales provide for assets to be held in trust where the deceased dies without a will and leaves a surviving spouse or civil partner

    Reference: http://www.proz.com/kudoz/spanish-to-english/law-general/953...
    Reference: http://www.gov.uk/hmrc-internal-manuals/trust-registration-s...
Adrian MM.
Austria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 586
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9 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
any heir failing to comply with this requirement will receive only the statutory minimum inheritance


Explanation:
I think the two previous answers are along the right lines, but they're not easy to understand.

Legitima estricta
This term refers to the part – two thirds – of an estate which the testator cannot freely dispose of, and could be translated into English as 'compulsory share'. One part of the legítima must be equally distributed amongst the forced heirs and is called legítima estricta.
http://www.icr-translations.com/blog/spanish-succession-conc...

philgoddard
United States
Specializes in field
Native speaker of: English
PRO pts in category: 868
Grading comment
Perfect thank you!

Peer comments on this answer (and responses from the answerer)
agree  Andrew Bramhall: Yep, but you're being too generous re the convoluted answer above;I've just had a complaint from London Noise Abatement Society about the inopportune choice of vocab used in AMM's answer!
4 hrs
  -> Thanks! I'm a big believer in polite disagreement.
agree  AllegroTrans
3 days 19 hrs
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